A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On August 27, 2014, at around 11:40 on August 27, 2014, the Defendant: (a) driven a freight truck of C1 ton and caused a traffic accident that conflicts with the left-hand side of the running direction beyond the central line while driving a scambling 2nd of the Ulsan-gun, Ulsan-gun, Ulsan-gun, at a scambing speed from a scambling to the scam, and accordingly, (b) the Defendant was demanded from the superintendent of the police box E, who called to the scene, to respond to the demand of the Defendant to take a drinking measure by inserting alcohol between approximately 30 minutes, on August 27, 2014, on the ground that there is considerable reason to recognize that the Defendant driven while under the influence of alcohol, such as drinking alcohol, scambling, and scambling the body properly.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without justifiable grounds by keeping a drinking measuring instrument in his/her hands on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of the traffic accident report, actual condition investigation report, investigation report (as to the on-site operation, driver status, and refusal of measurement of drinking), - photographs refusing to measure drinking, and the provisions of Chapter Three Acts and subordinate statutes of Chapter Three in case of the control of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the fact that the defendant makes a confession of the crime and is late after the crime);

1. Probation and community service order under Article 62-2 of the Criminal Act;