A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2018. 2. 11. 07:00 경 안산시 상록 구 B 앞 도로에서 C 렉 서스 승용차의 운전석에 앉자 잠이 들어 있었는데, ‘ 주차되어 있는 차를 박고 꼼 짝을 안하고 있다.

A person driving a motor vehicle under the influence of alcohol due to the circumstance E, etc. of the police box affiliated with the police box of the National Police Station of Ansan, which was dispatched after receiving a report of 112, such as “d',” by which the person was under the influence of alcohol, and was under the influence of alcohol, such as the person under the influence of alcohol and the person under the influence of alcohol became under the influence of alcohol.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting four times in a so-called drinking measuring instrument four minutes between 28 minutes.

Nevertheless, the Defendant failed to comply with a police officer’s request for measurement of drinking by repeating the phrase “undriving,” and avoiding the measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the offender's place, actual investigation report, accident-related photographs, and investigation report (main driver's report on the circumstances);

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. 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. The reason for sentencing of Article 62-2 of the Criminal Act on April 4, 2007 of the Order to Attend a lecture has been punished by a fine for a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving on February 28, 2008) on or around February 28, 2008, but there is no record of punishment for the same kind of crime thereafter.

In this regard, the punishment is determined as ordered in consideration of the circumstances in which the person mispers himself/herself and reflects him/her.