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 became final and conclusive.

Punishment of the crime

On March 2, 2019, the Defendant, at around 04:30 on March 2, 2019, committed a traffic accident involving the columns of the above hotel building while driving a Mad-blue car in front of the B hotel in Busan, the Defendant, upon receiving a report, was required to comply with a drinking test three times until 05:40 on the same day, by a police officer affiliated with the D Zone Unit of the Busan Shipping Police Station D Zone for Busan, who is a driver of the above vehicle, to be deemed to have driven under the influence of alcohol, such as smelling and smelling on the face.

Nevertheless, the defendant, despite the fact that he dices alcohol but did not drive, has avoided it only once, and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. A traffic accident report;

1. Application of a physical photograph, vehicle photograph, or vehicle damaged photograph;

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. The grounds for sentencing under Article 62(1) of the Criminal Act include the records of having been punished twice due to drunk driving, and the conditions of sentencing, such as the circumstances before and after the crime of this case, the age, character and conduct of the defendant, and the environment, shall be determined as per the order.