A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 20, 2013, at around 21:40, the Defendant, while driving B c t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t t

The defendant was requested to take a breath measurement by a breathr E from a breathr, who was dispatched to the scene after the accident, but did not comply with the request to take a breath test by blood collection.

Since then, the Defendant was sent back to the emergency room of G Hospital located in the former North Chang-gunF.

At around 22:30 of the same day, the Defendant was demanded from a slope H, a police officer belonging to the Transport Investigation Department of the High Police Station, to comply with the drinking test by a respiratory measuring instrument and blood collection for about 30 minutes on the grounds that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant caused the above traffic accident as well as drinking in the Defendant’s entrance.

However, the Defendant did not prepare a written consent despite the phrase that blood collection can be given consent from the above H, which makes it possible to do so. First of all, the Defendant repeated only the words such as “I n't get off, I am n't affix the written consent,” and did not put a seal on the written consent. On the other hand, I am unable to collect blood without affixing a seal on the written consent.

As a result, the defendant did not comply with the police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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

1. The fact that discretionary mitigation is recognized when committing a crime under Article 53 or 55 (1) 3 of the Criminal Act and is sentenced to a fine on one occasion, and the same crime is committed;