The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 3, 2019, at around 01:21, the Defendant was under the influence of alcohol and was driving approximately approximately 150 meters of a passenger car to the E parking lot located in the same Gu, Nam-gu C apartment parking lot at the port, Nam-gu, and was diving in the vehicle, and the Defendant was found to G in the F District of the Korea Coast Guard, the Defendant called up after receiving a 112 report that “the Defendant brought about a vehicle due to the Defendant’s drinking while driving the vehicle.”

Since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a report on a drunk driving, smelling alcohol in the entrance, and breathing snow, etc., the Defendant was demanded from the above police officers to comply with a breath test by inserting about four minutes into the breath of a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, such as not making a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the choice of imprisonment. Taking into account the fact that the accused has been punished two times by a fine due to a drunk driving prior to the instant case);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the point in depth and the point in which a traffic accident has not occurred due to the driving of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the defendant who has no record of criminal punishment heavier than that of the suspension of execution);

1. Order to attend lectures under Article 62-2 of the Criminal Act;