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

Punishment of the crime

On August 14, 2008, the Defendant was sentenced to imprisonment for 6 months with prison labor for a violation of the Road Traffic Act (recognition refusal), on December 8, 2010, by a fine of 3 million won for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on April 19, 201, by the same court on April 19, 2012, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution. On January 12, 2017, the Defendant was sentenced to imprisonment for 5 months with prison labor by the Daejeon District Court on March 3, 2017, and completed the execution of the sentence in the Daejeon Prison on March 3, 2017.

On March 18, 2019, at around 15:40, the Defendant received 112 reports to the effect that “A vehicle is operating in a dangerous manner with a scamb,” and received a request to respond to the measurement of drinking alcohol by inserting approximately 16 minutes in total four minutes of walking, on the grounds that there are reasonable grounds to recognize that the Defendant was driving in a drunken state, such as a scambling distance, from the slope E belonging to the D Zone Unit of the Seocheon Police Station, Seocheon-gu, Seoul, the Defendant sent to the site, and scam the Defendant’s scambling from the slope E belonging to the D Zone Unit of the Seocheon Police Station, which was called to the site.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstances of a host driver, and photographs of each site;

1. Previous convictions: Criminal records, investigation reports, investigation reports ( current status of confinement by individual), court rulings, and summary orders under Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant driven a vehicle in a drinking state, but the police officer.