A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On September 2, 2018, at around 17:20, the Defendant: (a) while driving a freight vehicle in the form of drinking C with drinking on the front road B in the form of drinking on the road; and (b) caused an accident; (c) the Defendant was demanded to comply with a drinking test at intervals of 3 minutes at intervals of 5 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking, drinking, smelting snow, and rheating, and rheating, etc., from the slope E belonging to the Police Station of the Mosp Police Station, by inserting the Defendant at least 10 minutes in total.

Nevertheless, the defendant did not comply with a police officer's request for a alcohol test by refusing to comply with a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the actual condition, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes on criminal investigation reports (number of times and time for measuring);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act suspended execution (the crimes in this case are divided and reflected by the defendant, the criminal punishment exceeding the fine is nonexistent, the defendant has no record of criminal punishment, while the defendant causes a minor contact while driving under the influence of alcohol, the fact that there is a record of fine imposed for driving under the influence of alcohol in 2004, 2006, and 2010, and all other circumstances, such as the degree of drinking by the defendant at the time of the crime in this case);

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;