A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Jeonju District Court, and completed the execution of the sentence at a military prison on November 17, 2013.

On March 22, 2016, the Defendant driven a motor vehicle of E in front of D in Kim Jong-si, at around 19:20, while driving a motor vehicle of E in front of D in Kim Jong-si, while driving the motor vehicle of E in front of D, he/she was under the influence of alcohol, such as reding in the face from the background G, etc. belonging to the F District of the Kim Jong-do Police Station, opening a light-distance,

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.

Nevertheless, the Defendant did not go against the demand for alcohol testing by a police officer without justifiable grounds, because the Defendant was not influor of a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (related to refusal to measure drinking);

1. Statement report on the situation of a driver of a vehicle driving, notification of the results of regulating the driving of alcohol and the ledger of using the measuring instruments for drinking;

1. On-site photographs refusing measurement;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, and reports on investigation (report on the progress of trials by the suspect A and a case);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);