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 this judgment becomes final and conclusive.

Punishment of the crime

On 04:13 on 03.07. 04. 04:13., the Defendant was required to comply with the drinking test by inserting rebreath on four occasions from around 04:51 on the same day to around 05:26 to around 05:20 on the same day, and without justifiable grounds, the Defendant did not comply with the drinking test without any justifiable reason, even though he was required to comply with the drinking test by inserting rebreath in the manner of breathing alcohol measuring instruments four times from around 04:51 to 05:26.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and the use register of a drinking measuring instrument;

1. A report on the occurrence of a traffic accident and a actual investigation report on a traffic accident;

1. Application of the written estimate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. does not recognize the fact that a defendant was driving in drinking condition while making an accident and caused an accident to him/her, and refuses a police officer's request for drinking alcohol measurement at the site. This does not apply to the nature of such crime that is minor.

However, the defendant reflects his crime after the crime and takes into account the circumstances favorable to the defendant, considering the fact that the victim of the traffic accident has agreed smoothly with the victim, and the punishment shall be determined as ordered by the order in consideration of the age, occupation, criminal records, etc. of the defendant, and the execution of the punishment shall be suspended and the defendant shall be ordered to attend social service

It is so decided as per Disposition for the above reasons.