A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On September 17, 2015, the Defendant sentenced six months to imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on September 17, 2015, and completed the execution of the sentence at a wooden prison on January 31, 2016.

【Criminal Facts of Crimes】 On November 2, 2018, the Defendant was under the duty to undergo a non-examination from the police officer during the patrol, who had tested the appearance of driving a Maz vehicle in the 6km section from the bus terminal in the B of Gwangju-gu to the 6km-gu, Seo-gu, Gwangju-do, the Haak-gun-dong at the same time on November 2, 2018.

At the time, the defendant was sniffly sniffly, and the suppression was not proper, and there are reasonable grounds to recognize that the defendant was driven under the influence of alcohol to the extent that he was unable to hold the body, so he was requested to stop drinking by E during the police box of the Gwangju Dong Police Station, which was discovered in the field, but he was asked to stop drinking, and requested to comply with the drinking test by inserting the drinking measuring instrument three times at around 11:50 on the same day at around 11:50 and around 12:56 on around 11:56 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s legitimate request for the measurement of drinking alcohol, such as “I have taken the place to drive a car under the influence of alcohol,” “I have become aware of the father or inside and after being sentenced to a fine or inside, and have failed to comply with a drinking test by means of not taking a breath of a drinking measuring instrument.”

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports, and application of Acts and subordinate statutes on the acceptance status of individuals;

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

1. The Defendant, who was selected to be sentenced to imprisonment with prison labor, was punished five times prior to the instant case, and in 2013, was sentenced to a suspended sentence of imprisonment with prison labor due to drinking driving.