A defendant shall be punished by imprisonment for not less than eight 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

1. Around 23:35 on May 21, 2016, the Defendant violated the Road Traffic Act (e.g., refusal to measure a drinking level), and there were reasonable grounds to recognize that he driven a Fpoter cargo vehicle on the front side of the E-gynan City, Do, U.S., under the influence of alcohol, while driving the Fpoter vehicle on the front side of the E-gynan City, U.S., the Defendant was demanded to comply with the drinking test by inserting the breath for about 30 minutes from the slopeH to which he belongs, while driving the Fpoter vehicle on the front side of the E-gyn City, U.S.,

Nevertheless, the Defendant did not go against the demand for alcohol testing by a police officer without a justifiable reason, because the Defendant was not infinite of the drinking measuring instrument.

2. The Defendant violated the Road Traffic Act (unlicensed driving) at the same date and time as in the preceding paragraph, operated the said cargo vehicle from the front Do in the vicinity of the East apartment located in the Sonsan-gu Peacedong at the front of the said E-Ba funeral hall to the front road of the said E-Ba hall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. 112 reported case handling table;

1. Report on detection of a drinking driver, copy of the usage register of a drinking measuring instrument, report on the circumstances of a drinking driver, appearance, uniform, language, and attitude of a drinking driver;

1. A report on investigation (the sequence 6 of evidence list);

1. Registers of driver's licenses;

1. Application of photographic Acts and subordinate statutes, such as photographic and drinking dactic, at the time of crackdown on vehicles and suspects;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation, community service and order to attend lectures under Article 62-2 of the Criminal Act;