A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 4, 2018, at around 23:15, the Defendant: (a) driven a car at approximately 1.4 km away from the horizontal intersection in the Pyeong-gun, Busan Metropolitan City’s Articles of Incorporation to the front of the B apartment in the state of drinking in approximately 1.4km; (b) stopped in the middle part of the roads in front of the B apartment.

The Defendant received a report from 112 on the content that “the drinking will be done by a large-scale driver on the way to go beyond a snife” and received a report, and there were reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the Defendant, by smelling snife, sniffing on the face, sniffing, and unsating the body properly, etc., from E by the police box belonging to the Gyeyang Police Station: from around 23:31 of the same day to about 23:48 of the same day, the Defendant was demanded to comply with the measurement of drinking by inserting four minutes into a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason by avoiding the above alcohol testing requirement, such as taking a drinking measuring instrument as a hand.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of use of drinkers and photographs taken at the time of crackdown;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is divided after the crime was committed by the Defendant. However, even though there were several records of punishment due to drinking without a license, driving without a license, or escape vehicles, etc., it is inevitable to sentence the same sentence as the order for the safety of other transport participants as well as the Defendant, in full view of the following: the Defendant’s age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, and other records: