A defendant shall be punished by imprisonment for not less than eight months.

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 August 2, 2016, at around 21:40, the Defendant, while drinking alcohol at a “D” restaurant located in Jinjin-gun C, and driving a Enbf motor vehicle under the influence of alcohol and driving the road of one-lane in the same new ethrology on the surface of the wall, caused a traffic accident that led the Defendant to put the wheels on the right side of the vehicle into the drainage room located at the right side of the road, due to the negligence of wrong operation of the steering gear, at the right side of the road.

Accordingly, the police officers, such as the police box of the Ulsan Police Station, after receiving the foregoing traffic accident report, called the scene of the accident, and the Defendant was required to comply with the breath test by inserting approximately 30 minutes of the breath of the breath of the breath of the breath police station, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the breath of traffic accidents, the rhym, and the breath of the walking, red, etc

Nevertheless, the Defendant failed to comply with a police officer’s request for measurement of drinking without justifiable grounds, such as not putting the whole in a drinking measuring instrument and avoiding it.

Summary of Evidence

Defendant’s legal statement

The report on the occurrence of traffic accidents, the report on actual condition of driving, the report on the statement of the state of drinking driving, the report on the results of the influence of drinking driving, the report on the results of the control of drinking driving, the ledger of driver's license, the report on investigation into the vehicle, the report on investigation (in relation to access to the field, refusal of measurement of drinking, refusal of sealing, and attachment of photographs), the report on investigation (in relation to attachment of a copy of the ledger of use of a sound measuring instrument), the applicable law concerning the criminal facts covered by the statutes, Articles 148-2(1)2 and 44(2) of the Road Traffic Act, Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation of sentence, Article 62(1) of the Act on the Suspension of Execution of Article 55(1)3 of the Social Service Order, and Article 62-2 of the Social Service Order Act make it impossible to regulate drinking driving itself, thereby complying