A defendant shall be punished by imprisonment for six 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

The Defendant driven under the influence of alcohol by the Defendant from August 22, 2016 to 10:51, on the side of Jeju-si, and from the side of Jeju-si, the Defendant snicking, and redening the Defendant’s face, etc.

There is a reasonable reason to designate a person, who is requested to respond to the measurement of drinking by inserting four times from the slope E to the police box of the Jeju East Police Station.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report and report on the circumstances of the driver involved in driving;

1. The ledger using the measuring instruments for drinking;

1. Application of related Acts and subordinate statutes to photographs;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant received a report on the existence of a vehicle for drinking alcohol and received a demand for drinking alcohol measurement at least four times, and the defendant committed the crime of this case. In light of the fact that the defendant had a record of punishment for a fine of three times due to the crime of drinking alcohol driving prior to the crime of this case, the defendant should be strictly punished.

However, in light of the fact that the defendant acknowledged the facts of the crime of this case, the defendant has no record of criminal punishment exceeding the past fine, the amount of punishment in similar cases, and the age, sex behavior, environment, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.