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

Around 05:00 on October 3, 2017, the Defendant driven a low-water vehicle with drinking alcohol in front of Geumcheon-gu Seoul Metropolitan Government on the road, and, upon receiving a report, the Defendant: (a) was made a statement by the reporter that “the Defendant was driving under the influence of alcohol; (b) the Defendant reported the Defendant to drive a motor vehicle with drinking alcohol at the time of the speech of the suspect; and (c) was driving under the influence of alcohol by drinking, such as the Defendant’s smelling alcohol and drinking alcohol, and the Defendant was under the influence of alcohol.

On the ground that there is a reason to determine a person, even though the defendant was requested to respond to the measurement of drinking by inserting the breathm in a manner that makes it difficult for the person to breathly breathly 20 minutes from around 04:37 of the same day, the defendant refused to measure the first drinking around 04:37 of the same day, refused to measure the second drinking around 04:47 of the same day, refused to measure the second drinking around 04:57 of the same day, and avoided it by refusing

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes of E;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, 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 under Article 62-2 of the Criminal Act of the community service order is that the defendant has been punished on several occasions due to drinking, driving without a license, etc., but it is not good to commit a crime such as drinking again, driving without license, etc., but there are favorable circumstances such as confession, confession, reflect, and the driving distance.