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 May 29, 2018, the Defendant driven a B low-priced car with drinking alcohol on May 13:28, 2018, and arrived at the road prior to the arrival of "D" food in Nam-gu Seoul, Nam-gu, Gwangju. After entering the above restaurant, the Defendant brought a dispute as to food value with the restaurant principal and the city expenses.

At around 14:10 on the same day, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling the Defendant from F in the circumstances belonging to the police station E District, the police station in Gwangju, the police station in the Nam-gu, Gwangju, the Defendant, who was a police officer who was dispatched to the above restaurant after receiving a report from the above restaurant owner, snicking the Defendant, snicking on the face, and stating the fact of drinking by the restaurant owner

For about five minutes, there was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument twice.

Nevertheless, the defendant did not put the breath of drinking because he did not drive a drinking so that he could not put it into the breath of drinking.

Any person who seeks to refuse to take a drinking test and fails to comply with a police officer's request for a drinking test without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. CCTV images to be cut;

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant committed the instant crime even though he/she was punished for drinking driving in 2008, 2011 and 2015, etc., with a large number of punishment records, and the Defendant again committed the instant crime;

(b) favorable conditions: the Defendant’s acknowledgement of the instant crime and reflects his mistake;