A defendant shall be punished by imprisonment for not less than eight 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 12, 2018, the Defendant driven a motor vehicle while under the influence of alcohol, such as the face, red, smelling, and unsatising, from the top fluoral distance front of the valley of the police station in Gwangju Northern-gu, Gwangju, the Defendant driven the motor vehicle on July 12, 2018.

Even if there are reasonable grounds to determine a person, the police officers belonging to the Gean District Police Station of the Gwangju North Korean Police Station requested to respond to the measurement of drinking alcohol by inserting the whole in three minutes for about 13 minutes from police officers belonging to the Gean District of the Gwangju North Korean Police Station, but did not comply with the measurement of drinking by police officers without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (report on the situation of the driver in charge); and

1. Investigation report (as to refusal of measurement of drinking alcohol)

1. Application of statutes on site photographs;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. All circumstances, including the fact that the defendant's erroneous reasoning for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, recognizes his/her mistake, and the defendant has a history of criminal punishment for driving under drinking twice, but there is no history of being sentenced to a fine exceeding the fine.