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 October 12, 2017, at around 15:30 around 15:30, the Defendant was driving a utility pole while driving a car with D Alb while drinking about about about about 500 meters from the front of the Cda in the Cheongyang-gun, Chungcheongnam-gun, Chungcheongnamyang-gun, to the entrance of 2 Rig in the same west-gun.

At around 15:55 on the same day, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling, smelling, snicking, etc. to the Defendant from F state guards belonging to the Cheongyang Police Station E District, who was dispatched to the scene after receiving a report on the occurrence of the said accident.

In order to respond to the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument over about 20 minutes due to reasonable grounds, the F shall not be required to make a measurement of drinking alcohol.

It does not refuse to measure drinking.

“A police officer did not comply with a police officer’s demand for alcohol testing without good cause.”

Accordingly, the defendant is in a drunken state.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the detection of a driver of the primary driving, a report on the circumstances of the driver of the primary driving, an investigation report (report on the circumstances of the driver of the primary driving) and a ledger on the use of the drinking measuring instrument

1. Application of on-site photographs and Acts and subordinate statutes governing drinking photographs;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

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 reasons for sentencing under Article 62-2 of the Criminal Act include a large number of criminal offenses and causes traffic accidents. It is inevitable to choose a sentence of imprisonment.

However, it shall be taken into consideration the fact that the defendant is led to confession and is in depth.

The defendant's age, sex, home environment, and the frequency and frequency of drinking.