A defendant shall be punished by imprisonment for not less than eight 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

At around 08:30 on April 8, 2018, the Defendant, while driving a Dak5 car at the entrance of the Dak5 parking lot, was deprived of alcohol and caused an accident caused by the wall of the parking lot.

Accordingly, even though there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as locked from E of the Jeonnan Police Station belonging to the Jeonnan Police Station who was dispatched after receiving a report at around 08:42 on the same day, and 112 on the face, she was requested to comply with a drinking test for about 12 minutes, but did not comply with the drinking test of a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the actual condition of a traffic accident and photographs of an accident site;

1. Application of Acts and subordinate statutes to investigation reports and report internal accidents;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, despite the fact that the defendant was punished by a fine due to drinking driving on January 2002 and January 2018, it is not good that the nature of the crime is not good and the possibility of criticism is high by refusing a request for measurement of drinking.

In light of the fact that a building wall was received during drinking driving, it is deemed that there was a danger of infringing on another person's life or body due to traffic accident.

These points are disadvantageous to the defendant.

However, considering the fact that the defendant does not commit a second offense, the fact that there is no record of criminal punishment exceeding the fine due to a drunk driving, and the degree of the principal offense, the defendant's age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, the punishment as shown in the order shall be determined.