A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 25, 2018, the Defendant driven a motor vehicle while drinking alcohol in front of the Defendant’s house located in B of the former Net Chang-gun, North Chang-gun on July 25, 2018, and was absent the wheels on the waterway, and was driven under the influence of alcohol by the Defendant from the circumstances C, etc. of the police station of the preceding North Korea, etc., who was reported and called upon 112, on the inside of the entrance of the Defendant, while driving the motor vehicle under the influence of alcohol

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 12 minutes into a drinking measuring instrument.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Photographs of a drinkator;

1. Investigation reports (main driver's report) and application of Acts and subordinate statutes to each investigation report;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) of the Act on Reduction of Small Quantity into consideration are: (a) despite the fact that the Defendant had previously been punished four times or more for driving under drinking, and again was committing the instant crime; (b) the Defendant had refused to take a drinking test without justifiable grounds; (c) the Defendant refused to take a drinking test; and (d) the offense is not deemed to have been committed compared to the general drinking test.

In addition, at the time of committing the crime of this case, the defendant was under the influence of alcohol to the extent that he is unable to properly hold off (see Articles 9 and 14 of the investigation records). In light of this, the defendant seems to have driven a motor vehicle under the influence of drinking.

These circumstances are disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, the defendant does not have any criminal record other than fine, and the defendant's main figures want to take the action against the defendant.