A defendant shall be punished by imprisonment for six 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 July 3, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime at the Seoul Eastern District Court on July 11, 2014, respectively.

On January 24, 2017, the Defendant, while driving a DEX car on the front of the “C company” in the wife population B at Chicago-si on January 24, 2017, driven the Defendant under the influence of alcohol, such as smelling and scaring red on the face.

There is a reasonable reason to determine a person who is driving in the front.

Those who drink alcoholic beverages; hereinafter the same shall apply.

The vehicle number was required to comply with the drinking test by inserting approximately 34 minutes in the manner of putting about 112 minutes from the assistant F of the police box belonging to the Dong-dong Police Station E (Seoul-dong Police Station) sent to the site after receiving a report.

Nevertheless, the Defendant refused to comply with the demand for alcohol testing by police officials by avoiding the influence of the breath measuring instrument, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. On-site photographs;

1. Previous convictions in judgment: References to inquiries about criminal history, application of investigation reports (formers and confirmations) Acts and subordinate statutes;

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 (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, comprehensively taking into account the following circumstances and the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence as ordered shall be determined.

[The favorable circumstances]