A defendant shall be punished by imprisonment for one year.

However, 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

Around 01:20 on November 1, 2018, the Defendant was under influence of approximately 3.7 km from the restaurant in front of the Busan Eastdong-gu, Busan to the road in front of the same Gu D, while driving a e-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-W, “A-W-W-Wur-Wed vehicle suspected of drinking is red, inaccurate, inaccurate, and unsurged, and so on.” On the same day, the Defendant did not comply with the demand of a police official for drinking measurement by inserting the drinking measuring method at around 01:35,01:40 times on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant was sentenced to a fine by driving under the influence of alcohol in 2012, and the Defendant refused to take a drinking test even if he was required to take a drinking test after drinking alcohol at the same time.

Considering this point, it is necessary to select a sentence of imprisonment, but to suspend the execution of a sentence in consideration of the fact that there was only one time before a fine, and order probation because it is deemed that there is a high risk of recidivism.

In addition, it shall be decided as ordered in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.