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

Punishment of the crime

On October 18, 201, around 23:01, the Defendant left the place of the assault by driving B B, while under the influence of alcohol, at the 302 underground parking lot where the forest village located in the 65-dong forest located in Mangsan-dong forest.

“A person who was driven under the influence of alcohol by a police officer of the Gyeonggi-do Police Station C of the Gyeonggi-do Police Station, who was called upon a report, and was under the influence of alcohol by the Defendant, such as defluoring and booming with snow under the influence of snow.

Even if there are reasonable grounds to suspect that a drinking-free measuring instrument has been put into a drinking-free measuring instrument, it is refused to take a measurement of drinking, and thereafter, the police officer did not comply with the measurement of drinking without justifiable grounds, such as refusing to take a measurement of drinking over about 10 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to report the results of regulating the driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, and the situation of the driver;

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

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume, driven the sixth drinking since 2003 as the instant crime.

In 2015, the Defendant again committed the instant crime even though he had been punished by a suspended sentence of imprisonment due to drinking driving.

However, it is against the defendant and the distance of driving is short.

In addition, the punishment shall be determined as ordered in consideration of the records of the instant case and all of the sentencing conditions identified in the trial process, such as the age, sex, family relationship, and the history of drinking.