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

Punishment of the crime

On February 4, 2018, at around 23:58, the Defendant driven a C-wing and cargo vehicle with drinking alcohol in front of a metropolitan area located in the front of the day in which the captain of the Busan metropolitan area, and was under the influence of alcohol on the ground that police officers dispatched to the scene after receiving a report 112 are smelling at the Defendant’s speech and behavior, and smelling at the entrance.

Although there are reasonable grounds to determine a person, the Defendant requested a police officer to comply with the measurement of drinking by inserting the measuring instrument into a drinking measuring instrument over about 15 minutes, the Defendant did not comply with a police officer’s request for the measurement of drinking without justifiable grounds, such as keeping the measuring instrument in his/her hands and avoiding the measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver with a major alcohol, an investigation report, a notification on the results of regulating the driving of drinking alcohol, a inquiry into the results of regulating the driving of drinking alcohol, a situation report on driving alcohol, a ledger using a drinking measuring instrument, an investigation report (in relation to the refusal of the measurement of drinking), an investigation report (in relation to the dispatch of the scene), an internal investigation report (in relation to the suspect's speech and behavior), and an investigation report (in relation to the video materials of a wooden scam);

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is unfair because the crime of this case did not comply with a police officer's request for measurement of drinking without any justifiable reason. The crime of this case is bad, and the defendant has been punished several times as a crime of violating the Traffic Act on the Road, and in particular, on January 23, 2015, he was sentenced to six months of imprisonment and two years of suspended sentence for a crime of violating the Traffic Act at the Busan District Court on January 31, 2015 and was sentenced to two years of suspended sentence as of January 31, 2015 and the suspended sentence became final and conclusive on January 30, 2017 and committed the crime of this case at least one year thereafter.

However, the fact that the defendant recognizes the facts charged and seriously reflects on it.