A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, around 18:50 on July 2, 2017, while driving a DK5 car in front of Dongdaemun-gu Seoul Metropolitan Government, while driving it on the front of the said car, caused a traffic accident involving the rear part of the TW car.

Then, the defendant was driven under the influence of alcohol, such as smelling in the entrance, influoring, inaccurate, and lacking the body properly.

인 정할 만한 상당한 이유가 있어 2017. 7. 22. 19:05 경부터 약 16분 동안 위 장소에 신고를 받고 출동한 서울 동대문 경찰서 소속 경찰관 G로부터 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입을 대고 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하였다.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a written control report, a statement of the situation of the driver in charge, and a report on the detection of the driver in charge;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under the main sentence of Article 62(1) of the Criminal Act of the suspended sentence is that the defendant committed the instant crime even though he had been punished twice due to drinking driving in the past, the act of refusing to measure drinking without any justifiable reason after driving alcohol shall be considered in light of the unfavorable circumstances, such as the nature of the relevant crime is not more appropriate than that of ordinary drinking driving, and the defendant recognized the instant criminal facts and reflects the wrongness, and the defendant's health is not good.