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 October 21, 2018, at around 02:30, the Defendant driven a vehicle of CKarenp on the road in front of the upper half-gu, Seoul, 886, the upper half-gu, Seoul, and from the nearest road of the attached-dong Korean Government, the Defendant parked the vehicle from the vehicle to the front road of the entrance, and then parked the vehicle at the front of the entrance, and then parked the vehicle at the front of the entrance and the front of the crosswalk with the traffic and the vision.

“A person who was driven under the influence of alcohol by the Defendant, such as smelling and smelling the Defendant from the police box E belonging to the Seoul Southern Police Station’s life safety and D police box called “a person who was called upon 112 report,” while driving under the influence of alcohol.

There is a considerable reason to determine a person, so it became a drinking-free person using a drinking-free tool.

On October 21, 2018, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting approximately 15 minutes of traffic at the Seoul Southern Police Station and G during the F’s working hours, which were dispatched to the reported site for the foregoing reasons.

Nevertheless, the Defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds, such as denying the driving of drinking without having brought about a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes to a statement on the circumstances of driving a drinking, a report on the circumstances of driving a drinking, and an inquiry about the results of regulating drinking;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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 Criminal Act is that the defendant has been punished twice due to drinking driving.

Nevertheless, it was refused to drive alcohol and to measure drinking.

It is inevitable to choose the sentence of imprisonment for the accused.

The defendant is divorced from his wife, raises two minor children, and is against his gender.