A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 11, 2010, the Defendant sentenced the Daegu District Court to four months of imprisonment for the violation of the Road Traffic Act, and completed the execution of the sentence on June 12, 2010 at the Daegu Detention Center.

On March 24, 2012, at around 23:05, the Defendant was demanded to comply with the drinking test by inserting the alcohol into a drinking measuring instrument five minutes on the roads of the Agricultural Promotion Agency located in Daegu Northern-gu, Daegu-gu, and on the roads of the Agricultural Promotion Agency in front of the Agricultural Promotion Agency, while driving the Cschton car while drinking the alcohol, there is considerable reason to recognize that the Defendant driven the drinking in the Defendant’s entrance from the slope D of the Traffic Safety Station of the Daegu Northern-gu, Seoul-gu, Police Station, and the state of walking is red, and the state of walking is blind, etc.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Investigation report of refusal to measure drinking alcohol;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (date of confirmation of judgment, date of expiration of term of punishment, and reporting accompanied materials);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that has the career of serving eight times as a result of a traffic-related crime (including the fact that a defendant who committed the same kind of crime again during the period of repeated crime)

1. It is so decided as per Disposition on the grounds of above Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 2007)