A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 25, 2018, the Defendant driven a fwing-III truck under the influence of alcohol on the front of the road located in D, Kimpo-si, Kimpo-si, while driving a fwing-III truck under the influence of drinking on the front of the road, from H in the situation where the police box belonging to the Gyeonggi Kimpo-gu Police Station G commander of the Gyeonggi Kimpo-si Police Station, while driving the vehicle under the influence of alcohol, such as smelling the Defendant and soundinging

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking, notification of the results of crackdown on drinking driving, and application of statutes governing field photographs;

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment - favorable circumstances: The defendant recognized and reflected the error.

- Unfavorable circumstances: the Defendant, while driving under the influence of alcohol, was driving with the first and second lanes, and was driving, and the police officer, upon receiving the report, rejected the demand for the measurement of drinking.

On February 13, 2003, the Defendant was sentenced to a fine of one million won due to drinking driving on August 22, 2003, two years of suspension of execution on August 22, 2003, three million won due to drinking driving on April 13, 201, one million won due to a fine of one million won due to a driving without a license on July 21, 201, and two years of suspension of execution on November 21, 201.

Defendant’s awareness of compliance with driving is weak.

On the other hand, even though the court has been prior to the suspension of the execution of imprisonment with prison labor twice, the defendant did not reflect his or her behavior and re-undertakes drinking again, and it seems that the prior wife is no longer able to edification the defendant.