On November 15, 2004, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic law at the Jeonju District Court on the grounds of a violation of road traffic law, etc. On September 28, 201, the Defendant was sentenced to four months of imprisonment with prison labor for the same crime in the same court on September 28, 201, and was sentenced five times of fine due to a violation of road traffic law.

Criminal facts

On July 21, 2018, the Defendant was driving under the influence of red alcohol while driving a cart car in the state of drinking at the cart parking lot located in Kim Jong-si, Kim Jong-si, Kim Jong-si on July 21, 2018.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking alcohol by inserting approximately three times in the same day from around 20:14 to around 20:26 of the same day.

Nevertheless, the defendant was off from his rank, and avoided the drinking measuring instrument by hand, and did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on arrest of suspects in violation of the Road Traffic Act;

1. A report on internal investigation:

1. A written statement;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records of having been repeatedly punished by the Defendant for driving under drinking. Among them, despite the fact that the two times of sentence are included, the Defendant was engaged in driving under the influence of drinking and refusing a police officer’s request for the measurement of drinking, and thus, the nature of the offense is very good.

The order is based on a comprehensive consideration of the following circumstances, such as the defendant's age, background and result of the crime, and the circumstances after the crime.