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

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

The Defendant, at around 15:00 on May 19, 2020, voluntarily operated a motor vehicle under the influence of alcohol on the front of the motor vehicle D while driving the motor vehicle on the front of the motor vehicle located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) received 112 report to the effect that “the motor vehicle has been driving on either side or side” while driving the motor vehicle; and (b) did not comply with the request of a police officer for alcohol measurement by avoiding the demand for alcohol measurement by means of inserting it in a way that it was impossible for the police officer to avoid the demand without justifiable grounds, such as the walking state, the walking state is very vague; (c) the drinking state is very vague; and (d) there are reasonable grounds to recognize that the motor vehicle was driven under the influence of alcohol, such as drinking, drinking, drinking, and red, he voluntarily operated the motor vehicle to the motor vehicle E box located in G on the same side; and (d) from 16:12 to 16:30 on the same day, he did not comply with the request for alcohol measurement without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the regulation of drinking driving report, notification of the result of the control of drinking drivers;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The Defendant, who is 72 years of age on the grounds of sentencing in Article 62-2 of the Probation Criminal Act, has a record of having been punished four times of drinking driving until February 2006, and is sentenced to a suspended sentence of imprisonment.

Nevertheless, the defendant also did not comply with the request of the crackdown police officer for the measurement of drinking, as well as driving under the influence of drinking.

The fact that the defendant's mistakes and reflects his mistake, and that there is no criminal record after October 2008, the fact that there is no criminal record shall be considered in light of the circumstances favorable to the defendant.

In addition, all the circumstances revealed in the arguments of this case, such as the age, character and conduct, criminal record, environment, circumstances after crimes, etc.