A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 12, 2017, the Defendant, while driving a Drocketing car on the front of C when he was in motion to fly it on the front of C, was drunkly driven by the Defendant, while driving it on the front of C at the front of C, and was under the influence of alcohol, such as snicking, snicking, snicking, knicking, knicking, knicking, knicking, knicking, knicking, knicking, etc. of the traffic at the front of C at the front of C. The Defendant, upon receiving the report of the accident, was under the influence of alcohol.

Even if there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument three times from around 18:29 to around 18:40 on the same day without justifiable grounds, even though he/she was requested to comply with the measurement of drinking by inserting the measuring instrument three times in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, J, H and K;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each investigation report (the sequence 8,26,29 of the evidence list);

1. Investigation report on actual condition, report on the circumstances of a driver driving, inquiry of the results of crackdown on drinking, and notification to the department related to the report of 112 case;

1. Application of statutes on field image;

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. Determination as to the Defendant’s assertion under Articles 53 and 55(1)3 of the Criminal Act regarding mitigation of small amount

1. The Defendant, at the time of his assertion, expressed to the police officer an intention to take a measurement of drinking alcohol at another place, so the Defendant cannot be deemed to have failed to comply with the measurement by the police officer.

2. Determination

A. The phrase “cases of failing to comply with a police officer’s measurement” as referred to in Article 148-2 subparag. 2 of the Road Traffic Act means under the influence of alcohol in light of the overall progress of the case.

A driver who has a reasonable reason to be appointed is objectively deemed to have no intention to respond to the measurement of drinking.