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

Punishment of the crime

On April 27, 2017, at around 17:45, the Defendant driven a liquor in the state of under the influence of alcohol, such as smelling the Defendant from the Incheon Gyeyang Police Station C and the slopeD affiliated with the Incheon Gyeyang Police Station C, while driving a small-scale car at the Seowon apartment commercial building located in Gyeyang-gu Incheon Metropolitan City, Incheon, with alcohol while drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the Defendant did not drive alcohol while drinking, and is not a flagrant offender.

“A police official did not comply with a police official’s request for alcohol testing without justifiable grounds by refusing to put the breath in a drinking measuring instrument.”

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Photographss by cutting off the accident scene and black stuff images and by cutting off a photograph and a video to refuse to measure drinking;

1. Application of Acts and subordinate statutes to report internal accidents (the details of the report by a wooden person), and report internal accidents (referring to the cases of video stuffed by Lone Star Motor Vehicles);

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 sentencing conditions stipulated under Article 51 of the Criminal Act, such as the Defendant’s age, sex, family environment, motive for committing the crime, and circumstances after committing the crime, on the grounds specified in Articles 53 and 55(1)3 of the Criminal Act, shall be determined by taking into account the following circumstances:

O drinking is likely to lead to a traffic accident if a person drives a drinking by affecting his/her physical ability, and the risk of recidivism is high for a drinking driver.

The Defendant was punished four times, including a suspended sentence due to drinking driving from 2002 to 2010, and was tried for drinking driving, etc. at the time of the instant crime (Seoul Western District Court Decision 2016Da1615).