A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 8, 2016, around 17:10, the Defendant: (a) operated approximately one kilometer from the front parking lot of the Incheon Seo-gu 85 Bank to the 276 East apartment of the same Gu, the Defendant was required to comply with the measurement of drinking alcohol by inserting approximately three times from the slopeF belonging to the Incheon General Affairs Police Station E commander of the police station and the jum G for about 30 minutes, while driving a 1 kilometer of approximately one kilometer from the same Gu-ro 276 East apartment of the same Gu to the 276 East apartment of the same Gu.

The Defendant driven a motor vehicle under the influence of alcohol, such as smelling, fluoring, walking along, etc.

Although there is a considerable reason to determine the person, police officers did not comply with the above demand for alcohol testing.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. The application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, and the investigation report on a case involving the violation of traffic laws on roads;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. In light of the fact that the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of road traffic law in the Daegu District Court’s support on October 29, 2013, the Defendant again committed the instant crime due to the lapse of the period of suspended execution, etc., on the grounds that the Defendant committed the instant crime on the grounds of sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Minimum Quantity, and there are many criminal convictions for driving under the influence of alcohol, and that the Defendant was sentenced to a suspended sentence of imprisonment twice. In particular, the Defendant was sentenced to one year of imprisonment and two years of suspended execution.

In addition, the sentence shall be determined as per the disposition by comprehensively taking into account the various factors of sentencing.