A defendant shall be punished by imprisonment 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

On July 5, 2016, at around 01:32, the Defendant: (a) caused contact with the parked vehicle in the Eunpyeong-gu Seoul Eunpyeong-gu Seoul Metropolitan Government DB car parking lot; (b) reported the occurrence of contact with the vehicle, and (c) dispatched it to the F of the Eunpyeong Police Station in Seoul, Seoul, upon receiving the report of 112, to the police officer assigned to the said place.

At the above location, the vehicle of the defendant was in contact with the accident, the defendant was smelled by the defendant, and the defendant was seated in the driver's seat, and the defendant was driven under the influence of alcohol by the defendant, such as the response to the training during drinking.

Since there are reasonable grounds to determine a person, the defendant was demanded from G to respond to the measurement of drinking at intervals of ten minutes by inserting the whole breath of drinking at intervals of ten minutes.

Nevertheless, the Defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes, such as a statement on the circumstances of a driver who is placed in driving, a ledger using drinking meters, and a record of control;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures reaches four times the period of punishment for drinking alcohol, and the driver's license of the motor vehicle was revoked at the time of driving the motor vehicle in this case, it is necessary to severely punish the defendant.

However, the defendant's mistake is divided, and the driver is not driving from the beginning, but driving after the substitute driver is lowered.