A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal record] The Defendant was sentenced to a suspended sentence of two years on October 25, 2016, on the grounds of damage to public goods in the Daegu District Court resident support for the crime of damage to public goods, etc., and was determined on November 2, 2016 and determined during that period.

[2] On October 3, 2016, the Defendant was under the influence of alcohol, such as: (a) while driving a FM5 car in front of the E cafeteria on the road located in Do-si around 00:5 on October 3, 2016 under the influence of alcohol by drinking the alcohol; (b) the Defendant was under the influence of alcohol by drinking the alcohol at the Defendant’s entrance; and (c) the Defendant’s refusal of drinking alcohol.

After arresting a flagrant offender on the grounds that there are reasonable grounds to designate a person in the act of committing an offense, G police boxes received a request for first measurement at around 01:55 on the same day from around 02:05 to around 02:33 on three occasions, and did not comply with a request for measurement of alcohol by H who is a police official without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Statement report on the situation of a driver of a vehicle driving, report on the results of drinking control, report on internal investigation, and confirmation of a person who refuses to comply with measurement of drinking;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and other Acts and subordinate statutes, such as criminal history;

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. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) is that the Defendant, even though he was indicted of a crime committed before and after the judgment was rendered, he was able to be convicted of, and sentenced to, self-esteem and reflect on the crime of this case; (b) the Defendant should be subject to strict punishment.

However, the fact that the defendant led to confession of and reflects on the crime, and the crime of this case is in the relation of concurrent crimes between the previous conviction in the judgment that became final and the latter part of Article 37 of the Criminal Act and the latter part of Article 39 (1) of the Criminal Act, the principle of equity with the case where the judgment is to be declared at the same time under Article 39 (1) of the Criminal Act shall be taken into account, and other ages