On April 23, 2017, while under the influence of alcohol concentration on blood at around 15:20, the Defendant driven a dice vehicle at approximately 1km in the section of about 1km to the amban apartment again via the ambancheon-ro, west-ro, west-ro, west-ro, west-ro, west-ro, Asan-si, Asan-si, while driving a dice vehicle at around 1km from D following the police box of Asan-si Police Station C, Asan-si, and driven the Defendant while under the influence of alcohol, such as smelling alcohol and sprinking red on the face.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written confirmation of investigation process (E);

1. A report on the situation of the driving of the owner and a report on the circumstances of the driver of the driving of the owner;

1. Application of Acts and subordinate statutes to a notice of refusal to measure drinking, inquiry of the results of crackdown on drinking driving, and notification of the results thereof;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and the choice of imprisonment with prison labor for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant has already been punished seven times due to drinking, driving without a license, refusing to take a measurement of drinking, etc., and the two times among them, the Defendant committed the instant crime even though he was sentenced to a suspended sentence.

Considering this, the sentence of imprisonment with prison labor is to be imposed on the defendant, since it is judged that the punishment of the fine and the suspension of execution can no longer prevent the driving of the defendant.

In determining the period of punishment, various circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive, means and consequence of the crime, including the fact that the defendant's mistake is recognized and reflected.