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

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

Punishment of the crime

At around 03:50 on March 31, 2016, the Defendant: (a) was under the influence of driving a DNA string on the “C” on the front road located in Seojin-gu, Seojin-gu; (b) was exposed to the slopeF belonging to the E District in the former E District of the North Korean Police Station in receipt of a 112 report and called out.

The defendant was driven while under the influence of alcohol, such as drinking, smelling, snicking, and scaring red on the face, at the E District Office in Jinjin-gu in Jeonjin-gu in the same day, around 04:05.

Due to reasonable grounds, F was demanded from F to respond to the measurement of drinking by inserting three minutes in a manner of inserting the whole in a drinking measuring instrument three times for about 25 minutes.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of statutes on the site photographs of the case

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. Considering the fact that the Defendant committed the instant crime, there is a need for strict punishment against the Defendant, who had been punished twice due to driving under the influence of alcohol on the grounds of sentencing under Article 62(1) of the Criminal Act on probation.

However, the punishment shall be determined as per the order by taking into account the fact that the defendant recognizes his mistake and reflects the defendant's mistake, the fact that there is no record of punishment exceeding the fine, and all other circumstances that conditions for sentencing, such as the defendant's age, sex, and environment, etc.