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

On September 4, 2018, at around 01:09, the Defendant: (a) driven a DNA-only car on the front side of Gwangju Northern-gu C, and set the said car; (b) was locked; (c) but, upon reporting that an automobile stopped on a Korean-style road, was driven under the influence of alcohol, by a police officer belonging to the Gandong Police Station of Gwangju Northern-gu, the Defendant was under the influence of alcohol, such as smelling, drinking, stove, and stove, from a police officer belonging to the Gandong Police Station of Gwangju-gu, which

인 정할 만한 상당한 이유가 있어 4회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 음주측정기에 입김을 불어넣는 시늉만 하는 등의 방법으로 회피하여, 정당한 이유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (on-site situations and refusal to measure drinking);

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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. All the circumstances, including: (a) the crime of this case was committed even though the criminal conviction of a fine due to driving under influence of alcohol was two times or more for sentencing under Article 62-2(1) of the Criminal Act; and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Education; and (b) the Defendant recognized his/her mistake; and (c) the Defendant has no record of criminal punishment other than the criminal conviction