A defendant shall be punished by imprisonment for not less than eight 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 March 30, 2018, the Defendant caused a traffic accident involving F A4 car, which was stopped on the same lane while driving the EM5 vehicle while under the influence of alcohol on the front of D in Suwon-gu, Daegu Metropolitan City on March 30, 2018.

Then, the Defendant, upon receipt of a report, driven a vehicle with heavy snow of the Defendant from H in the position of the Suwon Police Station G District, with red, snick, smelled his body in his/her mouth, and snicked his/her body in his/her mouth, and driven a vehicle with drinking alcohol, such as a snick distance.

There is a reasonable reason to determine a person, and from around 01:00 to around 01:15 on the same day, it was demanded to respond to the measurement of drinking by inserting the whole influence of a drinking measuring instrument three times for about 15 minutes.

Nevertheless, the Defendant continued to put in a drinking-free measuring instrument a weak part of which is used for the measurement, and asked a light for the measurement, and rejected a normal drinking measurement, such as dumping it into the ground floor, and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident and reporting on a traffic accident (1) (2) (2));

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend school, has the history of serving four times the defendant was punished for the crime of violation of road traffic law. The crime of this case is poor in quality of the crime of refusing to measure drinking while the defendant takes a bath to a police officer who requested the measurement of drinking, the defendant's reflectness, the defendant has no criminal record exceeding a fine since 2004, and the defendant's age, sex, environment, etc.