A defendant shall be punished by imprisonment for one year.

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 July 19, 2018, around 18:20 on July 19, 2018, the Defendant: (a) shocked a vehicle parked on the street in front of a restaurant C, which was parked on the street, and received a report of 112; and (b) carried the vehicle to the instant police box, upon request by the F officer assigned to the police box to which the police box belongs; and (c) carried the vehicle to the said box.

At the time of mobilization of the police, the defendant was driven under the influence of alcohol, such as smelling and photographing with red face, etc.

Even though there are reasonable grounds to designate a person, he/she did not comply with the alcohol alcohol measurement without justifiable grounds, even though he/she was requested by the police officer belonging to the above police box for about 20 minutes from around 18:51 to around 19:11 of the same day to comply with the breath of alcohol by inserting the breath of a drinking measuring instrument three times from G.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of evidence photographs (No. 7 No. 35) statute;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures may cause traffic accidents even though the defendant was punished for driving under drinking three times, and the defendant shall choose imprisonment with prison labor in consideration of the circumstances disadvantageous to the defendant committed the crime of refusing to measure drinking of this case.

However, the execution of a sentence shall be suspended considering the favorable circumstances that the defendant recognizes the facts of crime and reflects the fact that there is no record of punishment exceeding the fine.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.