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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
① On October 6, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic laws, etc. at the Daegu District Court (Seoul District Court) and two years of suspended execution, and the judgment became final and conclusive on October 14, 2016. ② On September 13, 2013, the Defendant was sentenced to a summary order of KRW 4.5 million for a violation of road traffic laws, and was sentenced to a fine of KRW 4.5 million for a violation of road traffic laws at least twice.
1. On August 19, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and drinking sprinking sprink F belonging to E District Unit in the Ansan-dong Police Station, which was called up after receiving a report of 112 while driving a motor vehicle at the front of the “C main store” located in Ansan-si B at the same time and around 01:35, August 19, 2018.
Due to reasonable grounds, there was a demand to respond to the measurement of drinking at intervals of five minutes from around 01:59 to around 02:09 of the same day by inserting the whole breath of drinking at intervals of five minutes.
Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing by means of not inserting the measuring instrument in a way that does not put it into the measuring instrument, without justifiable grounds.
2. 2018 highest 609;
A. Violation of the Road Traffic Act (Refusal of measurement of drinking), on September 29, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as a motor vehicle under the influence of alcohol, from the front of the H restaurant restaurant located G in Ansan-dong on September 17:29, 2018 to the J Inn-do road located in G in the same city, immediately after driving the motor vehicle at the front of the Jn-si located in the same city.
There is considerable reason to recognize that there is no legitimate reason to comply with the request for a measurement of drinking more than three times between about 12 minutes.
B. The Defendant is a person who is engaged in driving of the first car in D body, thereby violating the Road Traffic Act (drinking) and the Road Traffic Act.
The defendant.