A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On November 8, 201, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Southern District Court of the Jeonju on the grounds of the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 30, 2019, at around 01:09, the Defendant is driving a 1 ton-flopping vehicle B in front of the road adjacent to the “Songwon-si,” the Namwon-si.

The above cargo vehicle is set up on the road, and the chief of the steering station reported 112 to the effect that " there is a person sing down a vehicle on the road," and there is considerable reason to suspect that the vehicle was driven under the influence of alcohol, such as smelling from D by the police box affiliated with the police station of the Southern Police Station, smelling at the entrance of the police station of the Namwon Police Station, and observing the reaction of drinking as a result of the inspection of the drinking reduction, etc., although he was demanded to comply with the drinking test by inserting the drinking measuring instrument for about 15 minutes from around 01:54 of the same day to around 02:04, he/she failed to comply with the drinking test without justifiable grounds.

As a result, the defendant did not comply with the police officer's request for a alcohol test without any justifiable reason even though he had a record of punishment for drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for discretionary mitigation”)

1. The scope of punishment by law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: The age, character and conduct, environment and crime of the defendant shall be taken into account for one year’s imprisonment and other circumstances as follows: