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 becomes final and conclusive.

Punishment of the crime

On September 21, 2018, the Defendant: (a) while driving a fluorous motor vehicle under the influence of alcohol on the road located in Cscki in B at the time of stay at around September 19:23, 2018; (b) caused a traffic accident; (c) on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as walking and walking on the face of walking, etc., from F of the situation where the resident police station called out after receiving the report of the accident, the Defendant was demanded to comply with the fluorous test by inserting the fluor for a total of three minutes between approximately 30 minutes in the site.

Nevertheless, the defendant refused to comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Notification of the results of the regulation of drinking driving, report on the situation of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (No. 5 No. 5 of the evidence list);

1. Application of statutes on site photographs;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for refusing to measure drinking, even after the lapse of 2000, on three occasions due to drinking driving, and two times due to driving without a license, and even around 2014.

Nevertheless, the Defendant again committed a crime of refusing to measure alcohol in this case.

Furthermore, at the time of the instant case, the Defendant caused a traffic accident in front of the vehicle.

The above is considered as an unfavorable circumstance.

However, the defendant recognizes and reflects the crime.