A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Power] On May 17, 2018, the Defendant was sentenced to six months of imprisonment with prison labor due to property damage, etc. at the Incheon District Court on November 15, 2018 and completed the execution of the above punishment.

【Criminal Facts】

On July 12, 2019, around 19:00 on the 477-10-2-on the road in front of the 477-10-on the intersection, the Defendant was required to respond to the alcohol alcohol measurement by inserting the 18 minutes in a brea Police Station, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, safing, safing, safing on the face, etc., from the slope D belonging to the police box of the Pakistan Police Station, dispatched after receiving a report from 112, and making it possible to recognize that he was driving under the influence of alcohol.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Inquiry records into criminal records, investigation reports (former records and confirmation reports of a suspect), and application of Acts and subordinate statutes to the current status of confinement of individuals;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is not guilty and should not repeat the crime. However, even if the defendant's statement is based on the defendant's statement, the police officer who received the report has driven approximately 10 km under the influence of half the amount of illness. The police officer sent out the reported police officer to take a defective desire for drinking test and refused to do so, as well as the date of the crime committed during the period of repeated crime, the police officer has been punished four times by a fine due to drunk driving, two times of a fine due to non-licensed driving, and one time of imprisonment with prison labor after 207, and the police officer has been punished for refusing to take a drinking test in 2010.