A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On October 22, 2014, around 20:20, the Defendant was under the influence of alcohol from the front of the apartment complex 23-ro 150 to the underground parking lot located in the Namyang-si, the Defendant was arrested in the act of violation of the Road Traffic Act (driving) on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking alcohol from the Defendant and drinking on the face, while driving the Cice 112 under the influence of alcohol from the front of the apartment complex 23-ro 150, the apartment complex 150, the Defendant was under the influence of alcohol.

The defendant was carried out by the D police box located in F in the same time, and then requested the police officer to comply with the drinking alcohol measurement by inserting the whole breath of drinking in three minutes from E by the police officer, but did not comply with the police officer's request for drinking alcohol measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications with H of witnesses);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

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

1. An order to attend a lecture is issued under Article 62-2 of the Criminal Act (in consideration of the fact that the accused has been punished several times by a fine for a violation of the Road Traffic Act before the instant case, an order to attend a compliance driving lecture shall be imposed to prevent the second offense);