beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 21, 2016, at around 01:47, the Defendant was demanded to respond to a drinking test by inserting alcohol into a drinking measuring instrument four times from around 02:36 to 03:07 on August 21, 2016, while driving a string vehicle in about about 200 meters from the front and front of the 426-ro of Gwangju Mine-ro to the toy 80-ro 145-gil-ro of the same wind-ro. The Defendant was required to respond to a drinking test by inserting alcohol in four times from around 02:36 of the same day to around 03:07 of the same day.
Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's demand for a drinking test.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to report on the circumstances of, and investigation into, a driver with an employer;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. In light of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act and the risk of drunk driving and the effectiveness of drinking control, etc., the quality of the instant crime is not good.
There is a history of punishment several times, such as being sentenced to a suspended sentence of six years for drinking driving in 2014.
It is inevitable to sentence sentence in light of such unfavorable circumstances.
However, the fact that the crime of this case is against the law, and the fact that the crime of this case does not lead to a traffic accident, etc. shall be considered as favorable circumstances.
In addition, comprehensively taking into account the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, all the sentencing conditions specified in the pleadings of the case shall be determined as ordered.
(The sentencing criteria shall not apply to crimes whose sentencing criteria have not been set).