Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 1.5 million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

1. On January 31, 2019, at around 13:30, Defendant A, while driving a KS7 car in front of the D cafeteria located in the G K7-type, Defendant A voluntarily driven the FK7-car, which was parked at the same place, to a H box of the Korea Development Police Station located in G, a sports car was received. As such, Defendant A was demanded from the police officer of the said police box to comply with the alcohol measurement by inserting the fribbing method, such as the flag, and the flabing distance, on the same day on the grounds that there are reasonable grounds to recognize that the Defendant driven while under the influence of alcohol, such as the flabing distance, and the flabing distance, around 14:10, around 14:19, and around 14:29.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without justifiable reasons.

2. At around 13:30 on January 31, 2019, Defendant B driven an E- seven vehicle under the influence of alcohol with approximately 0.065% alcohol concentration at a section of about 300 meters from the day front of the D cafeteria located in GJ to the front of the K in J., at around 13:30.

Summary of Evidence

1. Defendants’ legal statement

1. Report on the occurrence of a traffic accident;

1. A survey report on the actual condition (on-site photographs, redlights, ledger of driver's license for automobiles, and certificate of insurance coverage for automobiles);

1. A report on internal investigation (Attachment of a report on evaluation of blood alcohol level B);

1. Notification of the results of the drinking driving control (A, refusal of measurement), and notification of the results of the drinking driving control (B and the results of blood collection);

1. Application of Acts and subordinate statutes to each investigation report (report on the circumstances of an immigration driver), and report on internal investigation (at the time of regulating the refusal of noise measurement);

1. Defendant A of the pertinent Act on the facts constituting a crime: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment): Defendant B: Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing);

1. Defendant B of detention in a workhouse: Articles 70(1) and 69 of the Criminal Act.