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

except that 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

On December 9, 2018, at around 23:28, the Defendant driven a B low-speed car while under the influence of alcohol, and driven a two-lane road in front of Incheon Gyeyang-gu Incheon Metropolitan City from D elementary school room to E apartment room, the Defendant shocked a low-speed car parked on the right side of the road.

On December 9, 2018, the Defendant was required to respond to the measurement of alcohol in a manner of inserting the breathm between around 20 minutes from around 23:57 on December 23:57, 2018 to around 20:17 of the following day, as there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a slope G belonging to the Incheon Gyeyang Police Station F of the Incheon Gyeyang Police Station, Ha, h, smelling alcohol in the Defendant’s entrance, string, red, and the distance of the heavy snow.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Investigation report (report on purification of the sewage driver);

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Application of relevant video data CD-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Grounds for the following sentencing):

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the grounds for sentencing) is that the defendant's refusal to take a drinking test by police officers is not easy, as he/she is placed in the situation where a traffic accident occurs due to drinking driving and a drinking driving is discovered.

It is also an unfavorable circumstance that has already been subject to fine for negligence.

Therefore, it is necessary to select imprisonment with prison labor, and there is no other criminal record except for the same kind of fine and one time, and the accused is against the law and eradicate the drinking driving.