Defendant shall be punished by imprisonment for a term of one year and six months.

Punishment of the crime

On March 15, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court for the Defendant on March 15, 2016, and completed the execution of the sentence on November 24, 2017.

On December 12, 2018, the Defendant was required to comply with a drinking test by inserting alcohol measuring three minutes from around 22:13 to 22:31 of the same day, while driving D Kanb car on the front side of Spocheon-si B on December 21, 2018, while driving D Kanb car on the front side of Spocheon-si B, with a large amount of drinking, and the walking condition was a little big width and face, and there was a considerable reason to suspect that the Defendant was driving under the influence of alcohol, such as reporting the site of drinking control, stopping the vehicle on the side of the road, and refusing a drinking test by making the notification that it is under the influence of drinking control and demanding a measurement, and accordingly, the Defendant was demanded to comply with the drinking test by inserting it into a drinking measuring instrument three times during the period of 18 minutes.

Nevertheless, the defendant refused this and did not comply with the above police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. To check the results of the drinking driving control (Evidence No. 7);

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

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

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has shown to be punished several times for the same kind of crimes, such as drinking or unlicensed driving, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and violation of the Road Traffic Act (unborn Measures after Accidents) even before the defendant

Among them, punishment which postpones the execution of imprisonment with prison labor is three times, and the sentence is three times.

The Defendant was sentenced to the last sentence, and was under the influence of alcohol during the period of repeated crime, and committed the instant crime, which did not comply with the police officer’s request for alcohol measurement while driving again during the period of repeated crime.

It is necessary to strictly punish the accused with a high possibility of criticism.