A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 8, 2017, the Defendant driven a vehicle while under influence of alcohol, such as shocking the Defendant’s snow from E affiliated with the C Zone D of the Dao Police Station, on the face of which the Defendant was called, while parking the BF car at the Go-dong at the Jinwon car parking lot located next to the Defendant, without shocking any other vehicle that was parked next to the Defendant, and he was fastening the said CF car at the driver’s seat upon the report of the occurrence of the accident.

There are reasonable grounds to recognize the alcohol consumption measurement four times, but the measurement was refused without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (in cases of dispatch to the scene), investigation reports (in cases of refusal to measure drinking by a suspect);

1. The application of Acts and subordinate statutes to a survey report on actual conditions, a report on the results of regulating drinking driving, and a report on the circumstances of drinking driving;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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 grounds for sentencing under Article 62-2(1) of the Criminal Act of the community service order and order to attend a lecture reflects the Defendant’s wrong recognition of the instant crime, and the Defendant has no record of punishment in addition to the criminal punishment of a fine for driving drinking prior to ten years, and other factors such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., shall be comprehensively taken into account and determine the punishment as ordered.