A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 16, 2018, the Defendant driven a motor vehicle while under the influence of alcohol, such as: (a) the Defendant stopped the CMW motor vehicle in front of the Han-dong village located in Seocheon-gun, Chungcheongnam-gu, Chungcheongnam-do; (b) discovered the motor vehicle in front of the center line of one vehicular road; and (c) discovered it from the driver’s seat; (d) stated that the police officer dices alcohol; and (c) as a result of the reduction of drinking alcohol, the Defendant drank the motor vehicle in the influence of alcohol, such as a red color, etc. of the meaning that the Defendant dices alcohol.

There are reasonable grounds to determine the person, and the situation of the D District District of the Chungcheongnam-gu Police Station was required to take a drinking test due to the pulmonary examination of the method of inserting the whole part of a drinking measuring instrument from E.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing on the same day by refusing to take a second measurement at around 06:45 on the same day, refusing to take a third measurement at around 06:53 on the same day, refusing to take a fourth measurement at around 07:01 on the same day, and refusing to take a fourth measurement at around 07:01 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and photograph of control;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances considered as the reasons for sentencing shall be considered):

1. The punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act of the community service order, including the following: (a) the previous conviction of drinking alcohol and the previous conviction after two recommendations have been made for the last five years; (b) the fact that a person seems to have been driven in the previous crime; (c) the fact that there is no past record of punishment exceeding the fine; and (d) the fact