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

Punishment of the crime

1. On May 2, 2014, at around 14:06, the Defendant driven CM3 motor vehicles under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.052% from the 50-meter section to the front road of the Sampungdong-gu, Young-gu, Young-gu, Young-gu, 13-4, the 13-lane 18-4, 13-do, Young-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City.

2. Around 20:20 on May 2, 2014, the Defendant stated that, while driving a vehicle as specified in paragraph (1) on the roads in front of the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gun, the Defendant: (a) stated that, on the roads in front of the Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul Special Metropolitan City, the Defendant: (b) carried on the roadside E belonging to the Mine Police Station D District of the Young-gu, which was called upon receiving a report at around 20:25 on the same day, the Defendant stated that, “I

Therefore, the above slope was judged to have a reasonable ground to recognize that the defendant was under the influence of alcohol, and the defendant was forced to voluntarily act in the zone as D.

At this point, the defendant was requested to take a drinking test from police officers four times from 21:17 to 21:47 on the same day, but he was asked to take a bath, refused to take a bath, and failed to comply with the police officer's measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the state of standing and statement of drivers;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure alcoholic beverages), Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of operating alcoholic beverages), and choice of imprisonment for each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant, who had been driving under the influence of alcohol at the time of the instant case, did not reflect on his driving under the influence of alcohol at the time of the instant case and did so again after a few hours, and then refused to measure the alcohol level. The defendant is punished by a fine for the same kind of crime in the past,