A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 7, 2018, while under the influence of alcohol on around 09:28, the Defendant driven a Da QM3 car owned by the Defendant to the MaM3 car parking lot in the city of Naju which is the Defendant’s dwelling at the arrival center 1320, Nam-ro, Nam-ro, 1320.

The Defendant, from around 09:40 to 10:04 on the same day, driven under the influence of alcohol by the Defendant, on the ground that he was present at the Defendant’s residence at the same time after receiving a report of 112 that he had observed a driving under the influence of alcohol in the said C Apartment 107, 2202, and was under the influence of alcohol from F in the circumstances where he was in charge of the police box belonging to the Jeju Police Station Emba, snifting the Defendant, snifting the Defendant

Although there is a considerable reason to suspect that he/she has been requested to respond to a drinking test on three occasions by injecting pulmonary measuring instruments, he/she did not refuse it without justifiable grounds and did not comply with a police officer's measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to investigative reports and telephone communications;

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, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);

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

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: the Defendant was punished four times due to driving of drinking or refusing to measure drinking before the instant case, and the Defendant again committed the instant crime without being aware of the suspension of the execution of imprisonment in 2013, even though he was sentenced to a suspended sentence of imprisonment.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.