A defendant shall be punished by imprisonment for one year.

Costs of lawsuit shall be borne by the defendant.

Punishment of the crime

On April 30, 2018, at around 17:45, the Defendant driven a motor vehicle for Dunst-Pacific cargo under the influence of drinking on the road in front of the “C” restaurant located in Chungcheongnam-gun B, Chungcheong-gun, and driven the motor vehicle under the influence of alcohol, such as a ethic distance, which was parked on the said road. The Defendant driven the motor vehicle under the influence of alcohol from a slope belonging to the F District Unit of the Cheongyang Police Station, which called to the site for drinking alcohol to the Defendant, snife, snife, knife, knife, knife, knife, etc.

If there are reasonable grounds to determine a person, even though he/she has been requested to respond to the measurement of drinking by inserting the whole breath of a drinking measuring instrument over about 12 minutes, he/she did not drive alcohol.

니들 마음대로 해 봐라. ”라고 말하며 입김을 불어넣기를 거부하거나 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여, 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using the measuring instruments for drinking;

1. Application of the video CD-related Acts and subordinate statutes at the time of drinking measurement;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The Defendant had already committed the instant crime with the record of punishing drinking drivers three times in the sentencing of the main sentence of Article 186(1) of the Criminal Procedure Act, which was charged with the costs of lawsuit.

Although the defendant seems to have complied with the measurement despite the repeated demand of police officers for the measurement of drinking, it is difficult to find out that the defendant's mistake has been recognized and it is also difficult to find out that the defendant's misconduct has been committed.

When considering the criminal records of the defendant's like crime, the attitude of the defendant from the investigative agency, etc., the correction or replacement of the defendant cannot be expected again to place the defendant.

Therefore, the sentence of imprisonment shall be sentenced for a considerable period of time.