A defendant shall be punished by imprisonment for one year.

However, 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 22:50 on 01. 06. 22:06. 22:50, the Defendant was under the influence of alcohol in front of the Kimhae-si, and was under the influence of alcohol, caused a traffic accident, such as receiving D Sppacting vehicles while driving the Cpacting vehicle, and received a report, and there was considerable reason to recognize that the Defendant was driving the said vehicle under the influence of drinking, such as drinking in the Defendant’s entrance at the time when he was sent from F to the police officer belonging to the E District Police Station of the Kim Sea Police Station of the Kimhae-si, who was called upon, making a report, and making it possible to recognize that the Defendant was driving the said vehicle under the influence of drinking, such as drinking in the face of the Defendant, he was demanded from 23:09 to 23

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and an accident site photograph;

1. Application of Acts and subordinate statutes to a report on circumstantial statements of a drinking driver, a report on the circumstances of a drinking driver, a report on the results of the control of drinking driving, a report on the results of the crackdown on drinking driving, a ledger using a drinking measuring instrument, and an investigation report (in

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the crime

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:

D. Unfavorable circumstances: The Defendant was driving in a drinking state while causing a traffic accident, causing a serious danger to the life and safety of others, and the Defendant’s liability for the instant crime of refusing to take a lawful drinking test by a police officer is more severe.

Although the Defendant had been subject to punishment for the past three times due to drinking driving, the Defendant did not commit the instant crime for a long time after the last punishment.