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

1. Violation of the Road Traffic Act (Refusal of measurement by drinking), the Defendant, on September 26, 2017, was driven under the influence of alcohol, such as a red, smelling, and in an inaccurate and irregular distance, on the road in front of the “C cafeteria” in Gohap-gun B, Nam-nam, and reported, “A traffic accident has occurred” and “A traffic accident has occurred” from the assistant E of the Gohap Police Station D commander of the Gohap Police Station, who was called out after having received a report.

In addition, even though a person was requested to take a drinking test to the effect that “a person who renders a drinking test by inserting the breath of a drinking measuring instrument because there is a considerable reason to determine a person,” he/she did not comply with it without justifiable grounds, even though he/she was requested to comply with a drinking test by inserting the breath of a drinking measuring instrument three times in total from the same day until 21:05 of the same day.

2. On September 26, 2017, the Defendant violated the Guarantee of Automobile Compensation Act: (a) around 20:30 on September 26, 2017, the Defendant operated the FF stud passenger car owned by the Defendant to the front road of the C cafeteria located in C cafeteria located in B before the main point.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and each imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (Article 53 and Article 55(1)3 of the Criminal Act (the defendant reflects his/her mistake, is a mother to support the defendant, and the defendant has been punished for the same kind of crime between the last ten years.