A defendant shall be punished by imprisonment for 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

On January 28, 2019, at around 01:48, the Defendant returned to Korea after having been driving C 125CC at the front of the Kimhae-si, Kim Jong-si, the Defendant was demanded to comply with the drinking alcohol measurement by inserting the whole face of the Defendant from the police officer affiliated with the Kimbu Police Station, who confirmed that the Defendant was driving under the influence of alcohol, due to considerable reasons to recognize that the Defendant was driving under the influence of alcohol, such as having a large amount of smelling in the face of the Defendant, and having a large amount of smelling in the mouth, from around 01:50 to around 02:32 of the same day.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the use of a drinking-free measuring instrument, report on the circumstantial statement of a drinking-free driver, investigation report (report on the circumstances of a drinking-free driver), and notification of the results of crackdown on

1. Application of the Acts and subordinate statutes governing the offender's place, Obautic photo, on-site stop photographs, and wearing clothes of the suspect;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case committed by a police officer, who driven a motorcycleba while drinking the reasons for sentencing under Article 62-2 of the Criminal Act, is not less complicated than the punishment for the crime of this case.

The defendant committed the crime of this case without being aware of the record of being punished by a fine on two occasions due to drinking driving.

On the other hand, the Defendant recognized the crime of this case and the liability incidental thereto.

Other conditions of sentencing, such as the age, character and conduct of the defendant, the details and circumstances of the crime in this case, and the circumstances after the crime.