Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 19, 2014, at around 12:17, the Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument three minutes for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven the above rocketing car while under the influence of alcohol, such as drinking out, drinking out, drinking out, and drinking out, from the police box of the military police station of the Korea Coast Guard called out after receiving 112 a report that the Defendant driven the B apartment 104 Do 1101, 1101 at the Defendant’s house at the time of Gunsan-si, Simsan-si, 104, and 30 minutes.
Nevertheless, the Defendant, who failed to comply with the drinking test, failed to comply with the request for a drinking test by a police officer without a justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. The user ledger of the measuring instruments for drinking;
1. Investigation report (on-site exit status, etc.);
1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. The sentence shall be determined as per the order, in consideration of the circumstances that are favorable to the defendant's health condition and reflective nature, under the unfavorable circumstance that there are several records of punishment due to the reasons for the sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (a favorable condition among the reasons for the sentencing below) (in particular, the record that the court has been sentenced to a two-year suspended sentence in October due to an accident during drunk driving on November 9, 201).