The punishment of the accused shall be determined by one year and two months.

Punishment of the crime

[Criminal Power] On June 19, 2013, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act by the Jeonju District Court on the grounds of the violation of the Road Traffic Act, and the same power is three times more.

【Criminal Facts】

On August 9, 2019, at around 22:27:27, the Defendant was required to respond to a police officer’s demand for sobreath test by inserting a breath alcohol measuring instrument three times for about 10 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as the Defendant, while driving a cunched vehicle under the influence of alcohol in front of the building in the front of the front of the building in the front of the front 2019, after having reported 112, and was called out after having received the notification, he did not comply with a police officer’s demand for sobreath test without justifiable grounds.

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, one copy of judgment, and three copies of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. Prior to the ruling of the sentence, the Defendant has a past record of having been sentenced to criminal punishment for a drunk driving crime on several occasions, and among which, the Defendant has been sentenced to a suspended sentence of imprisonment;

Nevertheless, since the crime of this case was committed again, and the attitude of the defendant at the time of crackdown is very poor, the sentence of sentence is inevitable, and the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relation, and circumstances after the commission of the crime, shall be comprehensively considered, and the sentence