A defendant shall be punished by imprisonment for not more than ten 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 May 22, 2016, at around 06:28, the Defendant was found to have driven a motor vehicle under the influence of alcohol on the front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul. On the road, the Defendant: (a) set up a C motor vehicle on the one-lane of the above road; (b) fastened with a safety level on the driver’s seat while wearing a safety mark; and (c) snicking in the entrance, etc., the Defendant was deemed to have driven a motor vehicle under the influence of alcohol; (c) despite having received a request from the police officer to the police officer to respond to the demand for the measurement of alcohol at intervals of 12 minutes from around 07:03 to 07:27 of the same day, the Defendant did not comply with the demand of the police officer for the measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to check drinking alcohol, report on the circumstantial statement of a drinking driver, control details, and 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 Defendant, with the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order, committed the instant crime of refusing a police officer’s demand for alcohol test even though he had been sentenced to a fine due to drinking driving twice in 2013 and twice in 2016.

There is a need for strict punishment against the defendant in that the defendant has been making three times in a short period of time or refused to drive alcohol or to take measurements.

However, in light of the fact that the defendant shows the attitude of recognizing and opposing his mistake, there is no previous conviction in addition to the above two times of fines, and other circumstances such as the defendant's environment, circumstances after the crime, etc., the punishment as ordered shall be determined.