A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On November 5, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Busan District Court on February 29, 2016, and the parole period expired on March 19, 2016.

【Criminal Facts】

On September 25, 2018, at around 03:15, the Defendant was discovered to Embsman in the direction of about 5 km from the south-gu Intersection in 209 to the front side of the Geum-gu apartment complex, the Busan Fri-gu Police Station, which was under the influence of drinking driving, while driving Cambs in the direction of about 5 km.

There was a considerable reason to suspect that the Defendant driven under the influence of alcohol, such as smelling in the entrance, snicking of faces with red and unfolding, and ruptureing, etc.

The Defendant was required to take a alcohol test on three occasions on the front side of the above apartment complex B from 03:40 to 03:53 on the same day, but did not comply with the request without justifiable reasons.

Accordingly, the defendant did not comply with the sobreath test of a police officer as a person who has a considerable reason to recognize that he is under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. 112 Report: 112 Report handling table, report on the result of crackdown on drunk driving, copy of the ledger using a drunk, report on the circumstantial statement of a drinking driver, investigation report, and investigation report (with regard to the refusal of measurement);

1. Previous records: Application of criminal records, etc. and investigation reports (crimes during the same type repeated period)-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders is that the defendant made a confession of all the crimes and repents his mistake in depth, and that he has lived faithfully as a prison for 30 years, but the criminal records due to drinking driving are three times or more.