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

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

Punishment of the crime

Around 02:15 on January 30, 2013, the Defendant was under the influence of alcohol at the driver’s seat of Heak Village 1 complex in Young-gu, Young-gu, Young-gu, Young-si, and the Defendant was required to comply with a drinking test over a total of three minutes between around 02:46 on the same day, and around 03:07 on the same day, and around 25:07 on the same day, when he was under the influence of alcohol, the Defendant was under the influence of alcohol by receiving a witness’s 112 report that he had driven a vehicle from a long-distance one lane to the side, and the Defendant was under the influence of alcohol.

Nevertheless, the defendant refused this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. E statements;

1. Investigation report (Refusal of measurement);

1. Application of the photographic Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution of sentence under Article 62 (1) of the Criminal Act (the execution of sentence shall be postponed after taking into consideration all the circumstances, such as the fact that the defendant has been punished for driving twice again and has refused to take a drinking again, but is not good, and that the proxy driver has driven a motor vehicle to the place where the motor vehicle is parked);

1. Probation and community service order under Article 62-2 (1) and (2) of the Criminal Act;