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

Around 02:25 on January 14, 2017, the Defendant was under the influence of alcohol, and the Defendant was driving a D-to-pubed car to the luminous police station from the vicinity of the T-to-U.S. P. M. to the luminous railway station in light of the signal, while making a left-hand turn on the left-hand part of the E-U.S. FMM or other vehicle, while taking the front part of the E-U.S. car into the front part of the U.S. car of the Defendant, caused a traffic accident that damages the said I.S. car. On the front of the apartment road of the U.S. car in light of the foregoing A.M., the Defendant continued to drive the said A.I.D. car with the above E-U.S. car in front of the U.S. car in light of the influence of alcohol, and the Defendant was under the influence of alcohol from the 12 U.S. police station to which he was under the influence of the Defendant.

Inasmuch as there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant, from around 03:05 on the same day to around 30 minutes, failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds, such as making a breath to take part in a drinking measuring instrument three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes to a copy of the usage register of drinking meters;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);

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

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

1. Protective observation, community service order, and order to attend lecture under Article 62-2 of the Criminal Act (the defendant was sentenced to imprisonment on April 1, 201 with prison labor on drinking, etc. on April 1, 2014, and again commits the instant crime before the period of probation expires;

(k) drinking;