A defendant shall be punished by imprisonment for six 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

On June 2, 2018, at around 07:30, the Defendant: (a) set the said car on the roads of the BK5 car on the one-lane in front of the BK5 car under the influence of alcohol; (b) while driving the said car on the one-lane in a state of drinking; and (c) upon receiving a report on 112, the Defendant driven the said car under the influence of alcohol, such as drinking alcohol from D, who was a policeman belonging to the C Zone of the Police Station in the Kim Sea, the Defendant called for after receiving a report on 112.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting four times in a drinking measuring instrument for about 38 minutes.

Nevertheless, as the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, the Defendant failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on internal investigation:

1. The ledger using sobling measuring instruments;

1. Application of statutes on site photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., the fact that a defendant makes a confession and does not have any criminal record before he/she has been punished heavier than a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;