A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is under the suspension of the execution of imprisonment for five months with prison labor for a violation of the Road Traffic Act (refluence of measurement) in the Goyang Branch of the District Court on February 24, 2011, which became final and conclusive on March 4, 201, and is currently under the suspension of execution.

The Defendant, at around 00:10 on 17. 04. 17. 00:10, is driving a car under the influence of drinking on the road 2171, Yongsan-gu Bridge 2171, Yongsan-gu, 201.

In order to cause a traffic accident, the accident was brought to the zone D of the Ilsan Police Station in the same Dong for the handling of the accident and the measurement of drinking.

On April 17, 2012, at around 00:35, the Defendant was demanded to comply with a drinking test by inserting approximately 32 minutes of a drinking measuring instrument into a drinking measuring instrument, in which there are reasonable grounds to recognize that he/she was driven under the influence of alcohol, such as drinking, smelling, snicking, etc. from the police officer E who was employed by the Defendant at the above D District D District Office.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers and the ledger of users of drinking meters;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes governing suspect measurement photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act with heavier punishment)

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) not only has the history of having been already punished several times due to drunk driving, but also the crime of violation of the Road Traffic Act (e.g., refusal of measurement).