A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a B-hand vehicle.

On July 3, 2015, at around 03:00, the Defendant proceeded with a bend road of Gyeyang-gu Incheon Gyeyang-gu, Incheon, at approximately 60km in speed, from the gate of Gyeyang-gu to Kimpo-face, one way of two lanes from the gate of Gyeyang-gu.

At this time, there was a duty of care to prevent accidents in advance by checking the left and right of the driver of the vehicle.

Nevertheless, the Defendant neglected this and caused physical damage equivalent to KRW 12,483,051 of the restoration construction cost to the left-hand side of the vehicle under the influence of alcohol, which is managed by the traffic administration department of the Gyeyang-gu Incheon Metropolitan City by the negligence of driving the vehicle under the influence of alcohol, and was stopped at the above location while the vehicle was damaged, and there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling in the above location while the vehicle was under the influence of alcohol, the Defendant did not comply with the request for a measurement of alcohol by the police officer three times by inserting the rebreath of the drinking measuring instrument over about 30 minutes from D from the situation where the Gyeyang Police Station belongs to the Gyeyang-gu Police Station without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the state of drinking drivers, the notification of the results of the drinking driving control, and the application of Acts and subordinate statutes to the drinking driving results;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;