A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 1, 2018, the Defendant driven a vehicle at the 1st floor parking lot of Heungdong-gu Seoul Metropolitan City, Cheongju-gu, Cheongju-si, with a report on the suspicion of drinking driving, from D, who was called up after receiving a report on the suspicion of drinking driving, the Defendant was snicking the vehicle on the road inside the said parking lot, and was under the influence of alcohol, such as drinking, drinking, drinking, drinking, and drinking, and drinking.

There is a reasonable reason to recognize that it was demanded to respond to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument four times.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Suppression site and photographs of suspect's refusal to measure drinking;

1. Reporting on the arrest of the case;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

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 punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

Although the defendant had previously been punished several times due to drinking driving, he/she again leads to committing another crime of this case and is against the fact that he/she has committed the crime of this case, and there is no record of punishment more than suspended execution