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 7, 2014, at around 00:35, the Defendant was driving a motor vehicle of 175-lane B with a vehicle of 175-lane 39, the road in front of the KRV station located in Gangdong-gu Seoul, Gangdong-gu, Seoul. On January 7, 2014, the occurrence of a traffic accident involving DSS5 motor vehicles driven by C and the above A-to-pur-pur-car motor vehicles. Accordingly, around 01:07 on January 7, 2014, the Defendant was demanded to comply with the alcohol measurement by inserting it into a drinking measuring method by inserting it into a alcohol measuring machine over about 40 minutes, such as drinking, drinking, snow, snow, etc. from the border belonging to the transportation survey department of the Seoul Gangseo-gu Police Station.

Nevertheless, the Defendant did not comply with a police officer’s request for a alcohol test without justifiable grounds, such as faceing a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning traffic accident reports, reports on the actual state of a drinking driver, reports on the state of a drinking driver, reports on the state of a drinking driver, and reports on the refusal of measurement of drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the defendant was sentenced to a fine for drinking (0.132% of blood alcohol concentration) before about one year and six months prior to sentencing in Article 62-2 of the Criminal Act, it is a circumstance that the defendant's refusal of a police officer's demand for alcohol alcohol measurement without good cause while driving a drinking again without being aware of it is disadvantageous to the defendant.

However, it is favorable to the defendant that the defendant has no other criminal records, except the above criminal records, and that the defendant shows his attitude to reflect his mistake, and that he will not drive a drinking again.