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 becomes final and conclusive.

Punishment of the crime

On October 28, 2018, the Defendant reported a traffic accident at the parking lot in front of Gangnam-si B apartment C, Gangnam-gu, 00:50, and failed to comply with the drinking test of a police officer without justifiable grounds, on the same day, even though the Defendant was required to take a drinking test by inserting it into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant was driving in the driver’s seat, the circumstance that the Defendant was a person driving in the driver’s seat, and the circumstance that the Defendant took a training reaction in the inspection of a drinking-free vehicle, etc., and on the same day, the Defendant did not comply with the drinking test of a police officer at around 01:0.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. An accident site photograph;

1. CCTV photographs;

1. The circumstantial statement of the employee;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to report on investigation (investigation of CCTVs at the scene of an accident);

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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on the grounds of sentencing, including the defendant’s age, character and conduct, environment, circumstances before and after the crime, and the circumstances of the crime, etc., shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing indicated in the records.

The favorable circumstances: The acts of refusing to take a drinking without justifiable reasons after driving under the influence of alcohol are more likely to be a crime than the ordinary driving under the influence of alcohol, the acts of refusing to take a drinking under the influence of alcohol, the acts of refusing to take a drinking under the influence of alcohol, the acts of refusing to take a drunk test, etc.