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A defendant shall be punished by imprisonment for one year.
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.
Reasons
Punishment of the crime
On September 6, 2018, the Defendant reported at around C convenience stores located in Gwangju-si, to the effect that “the Defendant is in the way of sprinking, sprinking, and driving with the front wheels of a test color car (DMW)” on the road located in Gwangju-si, and demanded F to comply with drinking measurement by inserting alcohol measuring instruments into the drinking measuring instrument, which was dispatched to the site. At the time, the Defendant’s D vehicle was under the front wheels. At the time, the Defendant was under the front wheels, and the Defendant was driving under the influence of alcohol, such as the Defendant’s face was red and smelling.
There was considerable reason to suspect.
Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (report on the situation of the driver in charge); and
1. Application of Acts and subordinate statutes to photographs at the detection site;
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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.
In light of the fact that the defendant was punished several times due to the crime of drinking driving, but again drives drinking, the nature of the crime is not good.
Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant is against his/her gender and that he/she has no previous conviction exceeding a fine.