A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 21, 2011, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act or 2 years of suspended execution at the Busan District Court on December 29, 201, and is still under the grace period. On February 10, 2011, the Defendant was sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Busan District Court on February 10, 201, and was sentenced to a fine of 1 million won for a violation of the Road Traffic Act at the Changwon District Court on October 5, 2009. On October 26, 2006, the Defendant was sentenced to a fine of 1 million won for a violation of the Road Traffic Act at the Busan District Court on October 26, 2006.

Criminal facts

On February 9, 2013, the Defendant: (a) around 06:10 on the roads of the intersection village located in the Shari-gun, Jari-gun, and (b) on the roads in front of the intersection village in which the Defendant driven a Bcrasr car in a drunken state; (c) conflict with the protection wall due to failure to operate the operation obligation of the operation obligation of the steering system at the Jeonju City and the steering system; and (d) transferred the car to the D. Emergency Hospital in C.

Accordingly, at around 07:42 on February 9, 2013, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes the breath of alcohol in a breath in the emergency room of the said hospital, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and snicking the Defendant from the superintendent E of the police station affiliated with the Heung Police Station, making the Defendant snick on the face, etc.

Nevertheless, the defendant stated that "I will not see, see, or see if I am driving," and failed to comply with a police officer's request for a drinking test without a justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative Report (as to refusal to measure a sound content):

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (date of confirmation and attachment of judgment) and the application of statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Discretionary mitigation Criminal Act;