A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 31, 2017, the Defendant driven a vehicle under the influence of alcohol, such as a red, crossing sign, and a string distance, from the slope E belonging to the Kui-gu Police Station D District where the Defendant was called upon receiving a report that the Defendant driven a vehicle with drinking alcohol at the Defendant’s residence located in Won-si, Seoul Special Metropolitan City on March 22:38, 2017.

There is a considerable reason to suspect that it was required to take a measurement by inserting the whole in a drinking measuring instrument four times.

Nevertheless, the defendant refused this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of statutes on site photographs;

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 reasons for sentencing under Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act (see, e.g., favorable circumstances for sentencing) are as follows: (a) from 2002 to 2014, the Defendant was punished by a fine on three occasions by drinking driving; and (b) from 2015, the Defendant was sentenced to a suspended sentence due to refusal to measure drinking and non-licensed driving.

However, since the crime of this case was committed during the suspension period of the above judgment, in light of the attitude towards the repeated crime of the defendant and the law and order, punishment such as suspended sentence, etc. is judged to have no effect as a proper punishment, and even if considering the social risk caused by this, strict sentence of punishment is required.

Considering the fact that the defendant has no record of punishment beyond the probation and is against the fact that he has not been punished, the fact that the branch wants the defendant's wife, the circumstances of the defendant's age, sex, environment, motive and motive of the crime are considered.