A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On June 10, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) around 04:29, the Defendant driven a motor vehicle B while under the influence of alcohol on the fluence road located in the fluence in the fluence of Gwangju North-gu, Gwangju, while driving the motor vehicle B along the direction from the right side of C University to the fluence distance from the right side of the two-lane.

The Defendant was driving a vehicle under the influence of alcohol, such as making a smell to the Defendant from a slope E belonging to the Gwangju Northern Police Station D District Station of the Gwangju Northern Police Station, and confirming whether he/she has drinking alcohol by drinking alcohol, etc., who was dispatched after receiving a report on the 112 person having been diving in the vehicle while driving the vehicle.

Although there are reasonable grounds to determine a person, the person was requested to comply with the measurement of drinking alcohol by inserting the person in a drinking measuring instrument three times from 04:42 to 04:55 on the same day on the same day, he/she did not comply with the request without justifiable grounds.

2. On August 18, 2018, the Defendant was under the influence of alcohol level of 0.064% among blood transfusion around 01:30, the Defendant driven a B lusian car from the G 2km section from the G west-gu, Gwangju, to the I cafeteria road located in Gwangju Ha, while under the influence of alcohol level of 0.064%.

Summary of Evidence

1. Partial statement of the defendant;

1. Each drinking control Stick;

1. The 112 reported case settlement table, respectively;

1. Statement report on the circumstances of the driver who is placed in each week and investigation report thereon (report on the circumstances of the driver who is placed in each week);

1. Application of Acts and subordinate statutes to each control site photograph;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has already been serving in 2017.