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

except that 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 September 18, 2016, at around 01:25, the Defendant driven CCCB car from the entrance of the B apartment 208-dong underground parking lot to the front of the underground parking lot No. 217, while under the influence of alcohol at approximately 20 meters from the underground parking lot.

As above, the Defendant was under the control of the police box sent to the scene after receiving a report, and the Defendant was under the control of the police box to the scene, and the security guard E had the Defendant get off the police box.

Since then, there are reasonable grounds to believe that the defendant was driven while under the influence of alcohol, such as smelling, smelling red on the face, etc., the Inspector E requested the defendant to comply with the sobling test by inserting the whole in a drinking measuring instrument three times at around 01:42, 01:52, and 02:02, but the defendant did not comply with it.

Accordingly, the defendant did not respond to a request for a sobreath test by a police officer, who has a reasonable reason to recognize that he was driving a motor vehicle while drunk.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Photographs of suspect's refusal to take a drinking;

1. Application of video Acts and subordinate statutes by cutting off CCTV in a B apartment 208 underground parking lot;

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. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence is that the defendant has a history of criminal punishment twice due to drunk driving, the defendant's refusal to take a drunk driving even though it seems clear that he has driven under the influence of alcohol, the defendant's mistake is divided by recognizing the crime, and the defendant is driving in order to park after having arrived at the apartment parking lot due to acting driving at the time of the instant case. The distance of the defendant's actual drunk driving is 20 meters.