A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal record] On November 26, 2015, the defendant issued a summary order of KRW 1.5 million to a fine for a violation of road traffic law at the Cheongju District Court on May 8, 2008, a summary order of KRW 1 million to a fine for a violation of road traffic law at the Cheongju District Court on May 8, 2008, and a summary order of KRW 3 million to a fine at the Cheongju District Court on May 16, 2006.

[2] On August 18, 2018, at around 00:01, the Defendant: (a) reported “C” in front of “C” located in the petition area B; and (b) was driven under the influence of alcohol by the Defendant, such as the circumstance in which the Defendant was working in the D District of the Cheongju Police Station in the Chungcheongbuk-gu Police Station, the E, and the Defendant’s G-related car with the Defendant’s G-related driving speed from “C”, which was driven under the influence of alcohol, including the following: (c) smelling the Defendant; (d) smelling the Defendant, the Defendant’s face color is red, and the horses are rhym.

Although a person was requested to comply with the measurement of drinking in a manner that puts the breath of a drinking measuring instrument into the breath of a significant reason to determine a person, he/she refused it four times from 00:30 to 00:45 on the same day, and did not comply with a police officer’s request for the measurement of drinking without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, notification of the results of regulating drinking driving, and investigation report;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of punishment records, such as driving of the same kind of drinking for the suspect);

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was sentenced to a fine on two occasions due to drinking driving, and was sentenced to a fine on one occasion due to the refusal of drinking alcohol measurement, and was subject to a measurement of drinking alcohol as stated in its reasoning.