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

[2017 Highest 3181] The Defendant violated Article 44(1) of the Road Traffic Act on September 26, 2013 with a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving in Drinking) at the support of the Suwon Friwon, and on October 31, 2016, by receiving a summary order of KRW 2,00,000 as a fine for the same crime from the same court.

On October 29, 2017, the Defendant: (a) while under the influence of alcohol of 0.140% among the blood transfusions around 03:40, the Defendant: (b) borrowed C from the front side of the Sejong Frop, which is in the Sinsi-dong of Sinju-si, to approximately 300 meters; and (c) driven a vehicle from around 300 meters to 1893.

[2017 고단 3491] 피고인은 2017. 11. 24. 04:06 경 시흥시 정 왕대로 28번 길 30, 옥구공원 삼거리 앞 도로에서 C 그 랜 져 승용차 운전석에 앉아 시동을 켠 상태로 잠을 자고 있던 중 신고를 받고 출 동한 시흥 경찰서 D 지구대 경장 E에게 발견된 후, 음주 감지기 실시한 결과 음주 반응이 나타나고 피고인에게 서 술 냄새가 나고 비틀거리는 등 술에 취한 상태에서 자동차를 운전하였다고

Due to reasonable grounds to determine a person, E was demanded to respond to the measurement of alcohol by inserting the whole in four times from around November 24, 2017 to around 04:41.

Nevertheless, the defendant refused to put the breathm in a drinking measuring instrument, and failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

[2017 Highest 3181]

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. Previous convictions in judgment: A written reply to inquiry, such as criminal history, and a criminal investigation report (verification of the same records as the suspect);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using sobling measuring instruments;

1. Application of the Acts and subordinate statutes governing enforcement photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense (the point of drinking).