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

The defendant is a person who drives a Bchip car.

On July 16, 2016, around 02:35, at a restaurant where the trade name in the Bupyeong-gu Incheon Bupyeong-gu, Incheon is unknown, a traffic accident occurred while driving the said vehicle while drinking about about 500 meters in the front of E in the same Gu D after drinking alcohol with C.

At the time, the defendant was driven under the influence of alcohol by drinking alcohol in his/her entrance, with a string, red and with a light to the degree that it is difficult to walk normally.

The Defendant was required to respond to the measurement of drinking alcohol by inserting the respiratory in three times from 03:02 to 03:25 of the same day on the same day from G of the F working at the Incheon Samsan Police Station when he/she was driving alcohol on his/her own.

Nevertheless, the Defendant refused to take a drinking test without any justifiable reason, such as Chewing, by entering a drinking measuring instrument, with a chest, and asking plastic shots.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of the statutes governing traffic accident-related photographs;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (many previous persons but there are no records of being punished by imprisonment without prison labor or heavier due to driving after around around 2007);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;