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

Punishment of the crime

On May 10, 2018, the Defendant, while driving a gallon with D gallon in front of a convenience store located in Asan B around the day of May 10, 2018, while driving a vehicle in front of a convenience store located in D.

E Driving received the front portion of the F Poter Cargo in front of the F Pool with the above gallon.

On May 10, 2018, at around 21:51, the Defendant driven a motor vehicle while under the influence of alcohol by a slope H belonging to the G box of the ASEAN Police Station, who was called up after receiving a report by E on May 10, 2018, in the vicinity of the place where the foregoing traffic accident occurred, while the Defendant driven a motor vehicle, such as snicking, smelling, snicking, sn

When there is a reasonable reason to determine a person, he/she requested to comply with the measurement of drinking by inserting the whole part of the drinking measuring instrument three times between about 25 minutes, and refused the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes on site photographs;

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

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount are against his/her will to recognize his/her mistake.

However, the defendant has been punished three times for a crime related to drinking driving.

In particular, even though there has been a history of imprisonment with prison labor due to the refusal of drinking measurement, the driver did not comply with the drinking measurement while driving a motor vehicle while under the influence of alcohol.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.