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

On February 22, 2014, the Defendant: (a) while driving a motor vehicle under the influence of alcohol by drinking alcohol on the front road of “Korea Industrial Complex” located in Pyeongtaek-dong, Pyeongtaek-si; (b) on February 22, 201, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as being reduced to “HIGH” during a drinking-free season and being redly marked the Defendant’s face, etc., the Defendant was requested to comply with a drinking test by the police officer on three occasions at around 01:17, 01:27, 01:37, and 01:37, but did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the Defendant, even though the Defendant was punished for drunk driving twice, again, while driving the instant vehicle in a drinking state, and the Defendant’s liability for such crime is heavy without any justifiable reason.

However, it is so decided as per Disposition in consideration of the fact that the defendant recognized the facts charged in this case and reflects his mistake, the fact that there is no record of punishment heavier than the fine, and other circumstances shown in the records, such as the defendant's age, character and conduct, family environment, etc.