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 this judgment became final and conclusive.

Punishment of the crime

On August 7, 2016, at around 20:50, the Defendant: (a) driven a b X-sports vehicle in front of the 188 Samyang-dong, Gangseo-gu, Seoul; (b) caused a traffic accident by drinking alcohol on the front of the 188 Samyang-dong D; (c) the Defendant was required to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument over about 22 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and inaccurately identifying that the Defendant was snicking at the site after receiving a report.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a written report on the driver's license;

1. Application of the Acts and subordinate statutes to investigation reports (as to the time for refusal of noise measurement);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The fact that even though there exists a history of two times of criminal punishment due to drunk driving, it is difficult to observe the quality of the crime by refusing to take a measurement of drinking alcohol while driving at the same time, and that there is no criminal record of criminal punishment exceeding the fine;