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 January 15, 2019, at around 00:40, the Defendant was required to respond to a drinking test by inserting alcohol into a drinking measuring instrument for about 10 minutes from around 00:59 of the same day, on the front of the “C” main point in Seosan City, a traffic accident that shocks E’s lab while driving a Dnish-do car while drinking, and at around 00:47 of the same day, the Defendant was deemed to have driven under the influence of alcohol, such as being aware of the Defendant’s drinking by drinking alcohol reduction from the slopeH belonging to the Seosan Police Station, which was called to the scene after receiving the report of the above E’s traffic accident at around 0:47.

Nevertheless, the defendant expressed his intention to refuse to take a drinking test, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify the results of traffic accident reports, photographs at the scene of accident, images of which drinking is refused to measure, black images of vehicles, and restrictions on drinking driving;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

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

1. Even though the defendant had a record of being sentenced to a fine due to drinking driving on two occasions, he/she did not comply with a police officer's drinking test who was traveling a motor vehicle while driving a motor vehicle under the influence of alcohol again and was dispatched to the scene.

The defendant's responsibility is not less complicated.

However, the defendant's mistake and reflects, the defendant has no criminal records other than the above-mentioned criminal records, and the defendant's age, character and behavior, environment, etc. shall be determined as ordered by considering all the circumstances.