A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 13, 2013, at around 00:38, the Defendant: (a) driven at the front of the Hanma apartment apartment in Seo-gu, Seo-gu, Seo-gu, Daejeon, for about 20 meters, a vehicle parked on the right side of the road while driving approximately two vehicles parked on the right side; and (b) there are reasonable grounds to recognize that at the time the face is red, mixed, unbrupted, and the motor vehicle was driven while under the influence of alcohol in an inaccurate and brupted state, and accordingly, the Defendant was requested to take a drinking test through a respiratory test from around 00:18 on January 13, 2013 to around 00:38 on the same day, but refused it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A copy of the statement on the status of running a motor vehicle on a motor vehicle;

1. Application of each statute on photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Even though the defendant for sentencing under Article 62-2 of the Criminal Act was sentenced to a fine due to the crime of violation of the Road Traffic Act, etc., if he/she again committed the crime of violation of the Road Traffic Act in this case, the punishment for such violation cannot be deemed to be light.

However, the sentencing conditions stated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in consideration of the fact that the Defendant has led to the confession of the crime and reflects the depth of the crime, and that the Defendant does not drive the drinking in the future.