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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On May 9, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as questioning, smelling, and drinking, on the facts, etc. from E, a police officer of the Hongsung Police Station D Police Station, where he/she went to drive a motor vehicle after receiving 112 reports that “the Defendant gets to drive a motor vehicle while drinking while driving the motor vehicle at the 14:24 on May 14:50, 201 at the place of the Defendant’s house and the 14:24 on the same day.”

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting the 15 minutes into a drinking measuring instrument three times between 15 minutes.

Nevertheless, the defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

2. On May 9, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle of approximately 800 meters from May 14:50, 201 to the Defendant’s house located at the control point via the Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Inquiries into the results of regulating drinking driving, making a statement on the circumstances of the driver under driving, making a report on internal investigation, and applying statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1 and 43 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license), and selection of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The crime of this case is being committed.