Defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

[criminal history] On August 18, 2016, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (drinking driving) at the Jung-gu District Court on the ground of a violation of road traffic law. On February 14, 2017, the Seoul Southern Prison completed the enforcement of the sentence.

[Criminal facts] On December 17, 2017, the Defendant received a request for drinking alcohol reduction from G police officers and police officers belonging to the government police stations E District police stations in Gyeonggi-do, where the Defendant was dispatched to the scene after receiving a report to the effect that he/she had a drinking-driving vehicle on the road of 'Durel' located in Do Council-si, 04:00 on December 17, 2017

At the time, the Defendant, a vehicle subject to reporting, was seated in the driver’s seat of H-to-pur-car, and was driven under the influence of alcohol, such as a speech and behavior divided into two parts, a walk-to-face and smelling in the entrance.

The police officer did not respond to the measurement of alcohol without good cause, such as the police officer who received a report 112 and received a request from the police officer for an inspection by drinking so that he/she would escape from drinking for about 15 minutes and attempted to escape from the toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (referring to the same type of force and reporting on the attachment of repeated records);

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Period of punishment by law: Imprisonment with prison labor for one year to six years;

2. Determination of sentence: Imprisonment with prison labor for one year and two months [favorable circumstances] in the past, the Defendant was sentenced to a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, etc., and the crime of violation of the Road Traffic Act, and thus the suspended sentence was revoked, and thereafter, the Defendant was sentenced to a criminal punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act, and the period of the repeated crime.