A defendant shall be punished by imprisonment for not more than ten 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 December 4, 2017, from around 22:57 to 23:17, the Defendant driven a motor vehicle while under the influence of alcohol, such as a snick-gu Police Station C police box belonging to the previous police station C, which had a snick-gu Police Station C, Seoul, on the front side of the street signboard of the rocks village located half-gu, Chungcheongnam-gu, Seoul, Seoul, and the Defendant snick-gu, with a red face with a snick and a s

There are reasonable grounds to recognize it, and it was demanded to respond to the drinking measurement by inserting the whole in a drinking measuring instrument three times.

Nevertheless, without justifiable grounds, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to field photographs and photographs refusing measurement;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

1. Reduction of a small amount (a favorable circumstance among the following reasons for sentencing) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act with regard to the observation of protection and the order to provide community service and order to attend lectures are as follows: (a) despite the fact that the Defendant had been punished three times or more due to drinking alcohol driving, the Defendant was engaged in driving at once; (b) the accident was caused; and (c) the police officer's request for measurement of drinking alcohol was refused, etc.; and

However, in consideration of the fact that the defendant reflects his/her wrong and there is no criminal history exceeding the fine, etc., the punishment shall be determined as per the order.