A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On March 21, 2020, the Defendant operated a B cruise car on March 21, 2020, and driven approximately approximately 200 meters from the D Association, which is located in SM3, located in SP3, to the road in front of the building in front of the same Gu, and caused a traffic accident that meets the front part of the driver's seat on the front side of the GM3 car owned by the Defendant and the rear wheel part of the driver's seat.

At around 01:40 on the same day, the Defendant received 112 report to the effect that “A vehicle suspected of having a motor vehicle driven by drinking” was shocked, and went to the alley, and the Defendant did not comply with a police officer’s request for a drinking test by refusing to comply with a drinking test without justifiable grounds, even though he was required to comply with a drinking test by inserting the vehicle in total three times from 01:48 to 01:58 on the same day, on the ground that there was considerable reason to suspect that the witness was a witness who observed the driving of the motor vehicle in front of the said “E building” and that he was under the influence of alcohol, such as the fact that the witness was present, and that the Defendant was in an inaccurate, big, and visual shocked, and that he was under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement and the report of traffic accident;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes on the spot;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, 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. In light of the circumstances, such as the fact that the defendant with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was sentenced to a fine of two million won due to drunk driving in 2003 and the personal injury was not incurred due to the instant crime, the punishment shall be determined as ordered by the text.