The punishment of the accused shall be set forth in six months.

Punishment of the crime

On September 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws in the Daejeon District Court's branch of the Daejeon District Court for the violation of road traffic laws, etc. On April 26, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic laws, etc. on April 26, 2013, and the said sentence became final and conclusive on May 4, 2013, and the said suspended sentence becomes null and void. The Defendant was released on March 28, 2014 among the execution of each of the above sentence in the Incheon District Court, and on May 5, 2014, the parole period passed.

On March 6, 2016, the Defendant driven a truck at around 22:00, the Defendant driven a 5km section of around 1781 ton of 5km from the Defendant’s house located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, to the road front of the modern bank located in 1781, while drinking around 1781 in the same Eup/Myeon. On the other hand, the Defendant was under the influence of drinking to F, who was under the control of driving of the E police box called out by the Defendant at around 22:30, while driving a truck at around 1781 ton of D1 ton on the road front of the modern bank. The Defendant driven the vehicle under the influence of drinking, such as smelling alcohol to the Defendant at the nearby E police box at around 22:30.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the records of drinking control, the state of drinking practice, and the measurement register;

1. Investigation report (investigation of a reporter and verification of driving distance of drinking);

1. A photograph of a place where drinking is refused to be measured;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (report on attachment of the same kind of power to the same offense and reporting on repeated crimes);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;