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 January 21, 2017, at around 20:00, the Defendant: (a) driven a B-learning car on an expressway, which is the second Gyeongdong-gu Incheon, Nam-gu, Incheon; (b) and (c) caused an accident involving C-driving car, and (d) was sent to an emergency hospital in the Nam-gu Incheon Metropolitan City E, while the Defendant was receiving medical treatment, the witness of the traffic accident was smelled to the Defendant.

A person who was driven under the influence of alcohol because he made a statement and made a breath of alcohol;

A police officer's request for the measurement of drinking on the same day, when a police officer's request for the measurement of drinking was made by 22:15 on the same day, 22:20 on the same day, refusal of the second measurement on around 22:25 on the same day, refusal of the third measurement on around 22:2:25 on the same day, refusal of the fourth measurement on around 22:30 on the same day, refusal of the fourth measurement on around 22:30 on the same day, refusal of the fourth measurement on around 2:37 on the same day, refusal of the fifth measurement on around 22:37 on the same day,

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, reports on the circumstances of drivers taking driving, and registers on the use of drinking meters;

1. Application of Acts and subordinate statutes governing measurement demand photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been punished for the same kind of crime such as drinking alcohol, the circumstance that the defendant refused to take a drinking alcohol test, the circumstances before and after the crime, the recognition of the crime, and reflects the fact that the defendant was injured in the traffic accident at the time of the instant case, the fact that the defendant has reached an agreement with the victim of the said traffic accident, and other various sentencing conditions such as the defendant's age, sex behavior, environment, etc., shall be determined as ordered