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

except that 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 October 8, 2013, around 16:30 on October 16, 2013, the Defendant driven a rocketing car under the influence of approximately 2 kilometers from the front of the 16th Senior Community Center to the front road of the Defendant’s house located in C, which is located in the city of Ycheon-gun, Seocheon-do.

At around 17:30 on the same day, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes in a breath of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s speech and behavior snowing, booming on the face, booming, etc. from G during the police box belonging to the said police box of the police station at around 17:30 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation report (control status such as a request for the measurement);

1. Notification of the results of the control of drinking driving, copy of the report on the state of drinking drivers, report on the state of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes governing enforcement situations;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act (referring to the reasons for sentencing under the following) reflects the Defendant’s depth in committing the crime, the Defendant has no record of punishment more than a suspended sentence, and the Defendant disposes of the vehicle after the instant case to another person and again makes it difficult to drinking, drive without a license, and the Defendant’s character, conduct, environment, and health conditions, and other circumstances shown in the oral proceedings of the instant case shall be determined as ordered by taking into account equally the following circumstances.

It is so decided as per Disposition for the above reasons.