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

1. On May 21, 2017, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), the Defendant driven a CKaren car in front of the Southern-gun B, Namyang-gun prior to May 21, 2017, while driving a cKaren car while drinking alcohol, and sent it to D hospital after having taken retaining walls.

위와 같이 교통사고 있었다는 신고를 받고 출동한 담 양 경찰서 E 파출소 소속 경위 F로부터 4회에 걸쳐 음주 측정을 요구 받고도 피고인은 측정기를 손으로 밀치고 “ 니 맘대로 해 씹할 놈 아” 등의 욕설을 하고 입에 대고 부는 시늉만 하는 방법으로 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

2. On May 20, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) on and around 23:30, driving a car specified in paragraph (1) on the road section from around three kilometers in the front to the front of B, even during the suspension period of driver’s license (from April 16, 2017 to June 4, 2017).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. The driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to investigation reports related to traffic accidents (investigation into accident scene and refusal to measure drinking);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated 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 under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime of refusing to drive without a license or to measure drinking since it has long been punished for driving under drinking on April 2017, and the Defendant committed the instant crime of refusing to drive without a license or to measure drinking, and the risk of the instant accident due to the Defendant’s driving.