A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[Criminal Power] On October 19, 2016, the Defendant sentenced six months to imprisonment for a violation of the Road Traffic Act at the Daejeon District Court, and completed the execution of the sentence on April 18, 2017.

【Criminal Facts】

On December 8, 2018, at around 05:50 on December 8, 2018, the Defendant was required to comply with a drinking test by inserting approximately 15 minutes a drinking measuring instrument into a drinking measuring instrument for about 300 minutes, without obtaining a driving license from the Do in front of the Daejeon U.S. B to the front of the D U.S. point of view. On the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by drinking, such as smelling alcohol to the F Zone Unit of the U.S., dispatched by the Defendant after receiving the 112 report that the Defendant was driving under the influence of alcohol, and by inserting it into a drinking measuring instrument, the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument for about 15 minutes.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

In the investigation report (report on the circumstances of a drinking driver), notification of the results of the drinking driving control, investigation report, report on the register of driver's license, report on the handling of the 112 reported case, previous records of photograph: Criminal history records, inquiry report, judgment, application of Acts and subordinate statutes related

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the Road Traffic Act; the choice of imprisonment for each sentence of imprisonment

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing among concurrent crimes: The reason for sentencing (within the scope of the sum of the maximum term of the crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the concurrent crimes with the punishment as provided for in the crimes of violating the heavy Road Traffic Act)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than eight years;

2. The decision of sentence against the defendant; and