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

On 23:18 on 23:23:18, the Defendant was discovered to E in the course of the Changwon Police Station D, which controlled drinking driving while driving CM7 motor vehicles at approximately approximately 1 km away from the upstream of the same Gu, in the shape of drinking alcohol on the roads in front of the department store B in Seongbuk-gu, Changwon-si, Busan Metropolitan City.

The above police officers determined that there are reasonable grounds to recognize that the defendant was under the influence of alcohol, such as smelling in the defendant's entrance, incorrectness, movement, etc., and requested the defendant to respond to the measurement of alcohol by inserting about 15 minutes in the influence of alcohol, but the defendant did not comply with it without justifiable grounds, inasmuch as he had the power of punishment for two times due to driving under the influence of alcohol, which has already been punished twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an investigation report, the report on circumstances of a drinking driver, and the control of drinking driving;

1. Article 148-2 (1) 2 of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) and Article 44 (2) of the Act on the Punishment of Criminal Crimes;

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

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

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act, the punishment as ordered shall be determined by taking into account all the various circumstances that serve as the conditions for sentencing specified in the instant case, such as taking lectures, community service, age, character and conduct, environment, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime. The reason for aggravation is that: the harmful effects of drinking driving, the defendant has already been punished twice due to drinking driving, and the records of punishment twice due to drinking driving: The defendant is divided and reflected: the recent records of punishment for drinking driving are relatively old, and the recent records of punishment for drinking driving are relatively old, and there are no records of criminal punishment exceeding the fine due to the same kind of crime, and family members