A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On September 14, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.), and on April 20, 2010, the Defendant was sentenced to three months in the same court as a crime of perjury and completed the execution of the final sentence on June 12, 201.

On April 16, 2013, around 02:25, the Defendant was demanded to comply with the alcohol measurement by inserting the measuring instrument into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s smelling from the slope D belonging to the Jinju Police Station C Zone D, and the reduction of drinking reaction during drinking while driving the ecoos car under the influence of alcohol, from the flusium of the Jinju Police Station, to the front of the flusium of the Jinju City, which is in the direction of the flusium located in the Jinju-sidong of Jinju to the front of the flusium in the Jinju-si.

Nevertheless, the defendant prevented the entrance of a drinking measuring instrument at the end, 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

1. Defendant's legal statement;

1. Investigative reports on violations of the Road Traffic Act (unlicensed driving or refusal of measurement);

1. Registers of driver's licenses;

1. On-site photographs;

1. Before ruling: Criminal history records, probationary records, report on the results of confirmation of the previous disposition, investigation report (report on the expiration of the period of punishment and confirmation of the date of release), application of Acts and subordinate statutes on the status of personal identification and confinement;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the defendant reflects his or her discretion and has no criminal record for the same kind of probation) are criminal facts.