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 April 11, 2015, at around 04:50, the Defendant: (a) on the road located in Pyeongtaek-si B; (b) caused an accident involving other automobiles parked in the said place while driving a hurbd vehicle while drinking alcohol; and (c) on the grounds that there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol, such as smelling, smelling, smelling, etc. by the head of the police station affiliated with the police station of Pyeongtaek-gu Police Station called to the site after receiving a 112 report; and (d) even if the Defendant was requested by the said police officer to take a drinking-free test by using a drinking-free device, and was requested to comply with the drinking test, the Defendant did not put the drinking-free measuring instrument into force three times in total from the same day until 05:50 on the same day.

Accordingly, the defendant did not comply with a police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

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

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;