A defendant shall be punished by imprisonment for not less than eight 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 August 15, 2017, at around 00:10, the Defendant driven a car under the influence of alcohol by driving the car on the same road as Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 237 Modern 1, 41, while parking the car within the said vehicle, while driving the vehicle under the influence of alcohol, from the police officer E, who is the police officer of the Nowon-gu Police Station called for after receiving a report on driving under the influence of alcohol, the Defendant driven the vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and scaring on the face.

There is a considerable reason to suspect that there was a demand from around 00:31 to around 00:54 of the same day to respond to the measurement of alcohol by inserting approximately four minutes into a drinking measuring instrument for about 23 minutes on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on the circumstances of driving without a license, report on the situation of a driver driving, report on the drinking conditions, measurement status of drinking, detection photographs of site, and the register of driver's licenses

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed the instant crime even though he/she had been punished by a fine for three times due to drinking driving in the past, or one time due to unlicensed driving, and the act of refusing to measure drinking without justifiable grounds is more unfavorable than that of ordinary drinking driving, and the defendant recognized the instant crime and made the mistake against the defendant.