A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 21, 2013, around 11:35, 2013, the Defendant, driving a ice ice Doctrine-si, which was in front of the ice Doctrine-si, and caused a traffic accident involving a car in front of the ice Doctri-si, which was parked, to undergo an investigation at the Kimbu Police Station.

At the time, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling in a large amount of drinking in the entrance, walking distance, faceing red, etc., and accordingly, the Defendant did not comply with a request for the measurement of alcohol by a police official without justifiable grounds, even though the Defendant was requested to comply with the measurement of alcohol by inserting the drinking measuring instrument four times for about 30 minutes from the slope C belonging to the above police station, on January 21, 2013, at the transportation inspection division office of the vice police station, Kim Jong-ri, which is located in the Cheong-ri, Cheong-ri, Kimhae-si, Kim Jong-ri on January 21, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the inspection report on the actual condition of traffic accidents, the report on detection of drinking drivers, and the written measurement of drinking alcohol for drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. In light of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act has a record of being punished several times of fines due to the violation of the Road Traffic Act, the defendant has to be punished strictly.

However, it shall be considered as a favorable condition for the defendant's confession in depth, and the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.