A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On 2, 200:11 on 22, 2018, the Defendant driven a motor engine bicycle on the road in front of the old long distance of 104, the Gu Office-Si, Seocheon-gu, Seocheon-si, Macheon-gu, 104, while driving the motor vehicle under the influence of alcohol, such as using a motor device in front of the Gu office-ro, 119 first-ro, which was transferred to the emergency room in the same Gu office as the 119 first-ro of the 119 emergency vehicle.

There are reasonable grounds to determine a seal, and upon receiving a request from a policeman E to 03:10 on the same day to comply with a drinking test by inserting the whole in a drinking measuring instrument from a policeman of the D District from 02:35 to 03:10 on the same day, he/she did not comply with it without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement of the occurrence of a traffic accident of F;

1. Report on occurrence (Violation of Road Traffic Act), report on the results of regulating drinking driving, report on the circumstances of the drivers of drinking alcohol, investigation report (report on the circumstances of the drivers of drinking alcohol), and report on the circumstances of driving on drinking alcohol;

1. The defendant and his defense counsel asserts that at the time of the request for measurement of this case, the defendant was physically and mentally deprived of his/her ability to recognize the reality due to the influence of traffic accident and drinking, and that there was no criminal intent to refuse to measure drinking.

It is recognized that the defendant had been in a state such as the fact that he was in the instant traffic accident at the time and the statement that the defendant made under the influence of alcohol.

However, according to the evidence of the judgment, the instant traffic accident occurred around 00:05 on January 22, 2018, and thereafter, the Defendant was under the influence of alcohol, such as: (a) the Defendant received emergency treatment at an emergency room for the 327 Kaol University, the Defendant’s face, and (b) the Defendant made a statement with a snicking and smelling the Defendant’s face.

The facts that were suspected of being suspected, and the defendant, after completing medical treatment, are in a state of being affected by it.