1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 23, 2018, the Defendant, at around 22:20 on 23, 2018, driven a DNA car parked in the B-based apartment parking lot, while driving a C-A-to-purd vehicle in a state of drinking at the B-to-pur vehicle.

At around 23:50 on the same day, the Defendant driven a vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant and drinking on the face, from the police officers belonging to the E District Police Station in the Sungsung-dong Police Station, called upon receiving a report of an accident, at the residence of the Defendant, 701 Dong 303, and in front of the apartment.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the Defendant did not comply with a police officer's demand for alcohol testing by refusing to comply with the alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving a drinking alcohol, notification of the results of crackdown on drinking driving, and investigation report (at the time of dispatch to the site and the refusal

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive and circumstances after committing the crime, etc., shall be determined as ordered in consideration of the following circumstances and other conditions of sentencing as stated in the records.

Unfavorable circumstances: although the defendant had a record of being punished for a fine of three times due to driving of alcohol, he has caused physical accidents that occur while drinking alcohol and driving, and the numerical value of drinking measurement has increased.