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

On January 7, 2015, the Defendant: (a) while driving CMW on the road in front of CMW under the influence of alcohol on the city in Daegu-gu, Daegu-gu, Daegu-gu; (b) while driving the CMW on the road in front of the CMW, the Defendant was required to comply with the alcohol measurement by inserting it into a drinking measuring instrument over about 30 minutes on the face, on the ground that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as the flow of guard and traffic of the Daegu-dong Police Station while driving the CMW on the road in front of the CMW; and (c) he was required to comply with the alcohol measurement by inserting it into the drinking measuring instrument over 3

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes to refusal to measure, investigation report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is that the Defendant, who had been punished five times (four times a fine and one time a suspended execution) due to drinking driving after 2000, again refused to take a alcohol test and to drive under the influence of alcohol again.

However, the punishment is suspended only once by taking into account the following circumstances: the defendant is divided and against the mistake, the defendant has liveded in good faith and supports his wife and two children, and the motive, background, means and methods of the crime of this case, the circumstances before and after the crime of this case, and other various circumstances, including the defendant's age, character and behavior, career, environment, etc. as shown in the argument of this case, and the execution of punishment is suspended only once.