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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
Around 04:36 on October 18, 2019, the Defendant was under the influence of alcohol at C in front of C, while driving a D car under the influence of alcohol. Around 112, the Defendant was required to comply with a drinking test by inserting approximately 15 minutes in the influence of alcohol 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 damage to the right-hand part of the said vehicle, etc., from F, the E Zone of the Don Police Station E, which was called upon 112, and called out.
Nevertheless, the Defendant avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
On April 15, 2019, the Defendant: (a) around 04:30 on April 15, 2019, around 04:30, 2019, driven a DNA x car while under the influence of alcohol in the section of about 1km from the front side of H restaurant located in G to the front side of J in YI; (b) and (c) was demanded to comply with a drinking test by inserting the Defendant into a drinking measuring instrument four times from a police officer in an inaccurate and inaccurate manner.
Nevertheless, the Defendant 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. On-site photographs;
1. Notification of the results of the drinking driving control;
1. The circumstantial statement of each host driver;
1. Each investigation report (for example, a report on the circumstances of an immigration driver);
1. Photographs explanation;
1. Application of the CD-related Acts and subordinate statutes to the field where measurement is refused;
1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation;