A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On January 3, 2016, the Defendant was driving a bal-purd vehicle without a vehicle driver’s license from the front side of the front side of the Nansan-si, a member of Ansan-si, on January 3, 2016 to the front side of the two-use loan in the Gu and 820, on January 3, 2016.

2. On January 3, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as making a redlight and smelling on the face, on the front side of the members of Ansan-si on January 3, 2016 and a pair of motor vehicles in the same 820.

There are reasonable grounds to suspect that C police boxes had been requested by D to measure drinking by a pulmonary measuring instrument, including refusal, even if the police officer assigned to C police boxes received a request from D to 07:26 of the same day for the measurement of drinking by the pulmonary measuring instrument three times from that date.

Accordingly, the Defendant driven under the influence of alcohol.

Even though there is a considerable reason to suspect, police officers did not comply with the request for alcohol testing.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of each of the Acts and subordinate statutes entered in the traffic accident report (1), the report on detection of the driver at home, the circumstantial report of the driver at home and the register of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

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 reason for sentencing in Article 62-2 of the Criminal Act seems to have caused a traffic accident due to driving under the influence of alcohol, and the risk of an accident was high, and the police officer's request for measurement of drinking was rejected, taking into account the nature and circumstances of the crime and the fact that there was a history of the same crime.