A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 21, 2016, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments over about 30 minutes in the form of drinking, such as smelling and smelling on the face, while driving a 77 cco-do in front of the 77 cam on the cambal of Gwangju City, the Defendant, at around 22:46, while driving the camb in front of the 77 cambal on the cambal on the cambal on the cambal of the Gyeonggi Mine Police Station C, even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, failed to comply with the request

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the state of drinking drivers, and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the ledger of refusal of measurement, photograph, and use of drinking meters;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

1. While driving in the state of the reason for sentencing as set forth in Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following sentencing grounds), an accident that shocks the central separation zone is not complied with by a request for alcohol alcohol measurement even though it was driven in the state of the reason for sentencing, the crime is not good and the case is very serious.

Moreover, even though the Defendant had been punished three times as a crime of violation of the Road Traffic Act in the past and the one-time suspended sentence, there is no room for opening the instant crime.

Therefore, the defendant is likely to cause more damage to the recidivism of the same or similar crime without being isolated from society for a certain period of time and undergoing the rehabilitation process. Therefore, the sentence of punishment is to be imposed.

However, in determining the punishment, the fact that the defendant misleads the defendant and repents, and all other cases are shown in this case, such as the age, character and behavior, living environment and circumstances after the crime.