A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 20, 2019, around 04:55, the Defendant was demanded to comply with the drinking test by inserting approximately 15 minutes a drinking measuring instrument into the said underground parking lot while under the influence of alcohol, such as drinking, smelling, etc. from the Seoul Song Police Station C District D, etc., and drinking, snicking, snicking, etc. on the face of the Defendant at the parking lot of Songpa-gu Seoul (Seoul) and driving of the Ewing and freight in the above underground parking lot.

Nevertheless, while the defendant was driving a vehicle by having another person deducted and parked in another place, the defendant did not comply with the request of a police officer for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the next generation of personnel, such as enforcement manual, report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, investigation report (report on the circumstances of a drinking driver), report on the status of drinking driving, and the like;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only the defendant, even though he/she has been punished for multiple times of drinking driving, but also the defendant has refused to comply with the police officer's request for a drinking test without good cause. Considering that the nature of the crime is bad and the risk of recidivism is high, it is necessary to strictly punish the defendant.

However, the defendant's mistake is against his/her own mistake, and the defendant's age, character and conduct, environment, motive, means and result of the crime, and various sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the sentence.