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

Punishment of the crime

On June 21, 2011, the Defendant was sentenced to a suspended sentence of 6 months at the Busan District Court for a violation of the Road Traffic Act, and on April 20, 2012, the Defendant was sentenced to a suspended sentence of 6 months, and on July 9, 2012 at the Busan District Court, the said suspended sentence was invalidated by the final judgment, and on March 29, 2012, the said suspended sentence was released on March 29, 2013 and the parole period expired on April 20, 2013.

On August 23, 2014, at around 13:05, the Defendant driven a Cpoter freight vehicle, and was traveling along the road near Busan Gangseo-gu, Busan, and caused an accident involving the vehicle's walk by leaving the right-side road, and sent it back to the F Hospital emergency room in Busan, Kimhae-si.

At around 14:00 on the same day, the Defendant was required to respond to the measurement of drinking in an emergency room, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as a sniffing, smelling, drinking at the Defendant’s entrance, a sniffing on the face, and a sniffing distance, etc., and that he was demanded to comply with the measurement of drinking by inserting approximately 30 minutes of the traffic survey personnel belonging to the Busan Gangseo Police Station on three occasions.

Nevertheless, the defendant refused it without any justifiable reason and did not comply with the police officer's drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) , a traffic accident report, on-site photograph, drinking-pact measuring method and photograph, a written report on driving, and a report on the status of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is against the defendant, the sentence shall be executed after being sentenced to the crime of violation of the Road Traffic Act.