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

except that 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

On December 31, 2018, at around 02:20, the Defendant, while driving a D E-cub vehicle on the front side of Gwangju-gu, Seo-gu, Gwangju-gu, while driving a D-cub vehicle on the front side, there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking, smelling, and reding from F to the face of the Gwangju Seo-gu Police Station E, and thus, the Defendant was demanded to comply with the demand of police officers for the measurement of alcohol without justifiable grounds, even though he/she was required to comply with the demand of police officers for the measurement of alcohol by inserting alcohol measuring instruments over about 19 minutes from around 02:41 to 03:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence under Article 62(1) of the Criminal Act shall be determined as ordered in consideration of the criminal records of the defendant, the nature and risk of the crime in this case, the circumstances of the crime, and other various conditions of sentencing as shown in pleadings, such as the age, character and conduct, environment, motive of the crime, and circumstances after the crime;