A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2017. 5. 15. 00:25 경 술을 마신 상태로 B 제네 시스 승용차를 운전하다가 구미시 C에 있는 D 뒤편 도로에 잠시 정차 하여 시동을 켠 상태로 운전석에서 잠을 자 던 중, 순찰 중이 던 구미 경찰서 E 파출소 소속 경장 F에 의해 적발되었다.

The Defendant was driving under the influence of alcohol by drinking so as to avoid drinking, and driving under the influence of alcohol, such as making a large amount of walking with a large range of walking and snowing off.

Despite the fact that there are reasonable grounds to determine a person, the police officer did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, even though he/she received a request from F to F to 00:40 on the same day to comply with the measurement of alcohol by inserting the breath of alcohol in three times from the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (Attachment of field photographs);

1. A report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and a ledger of use of measuring instruments for drinking;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity was that the Defendant driven under influence of alcohol to the extent that he was unable to memory the situation at the time, and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Although the Defendant, while under the influence of alcohol, was able to drive a vehicle at the driver’s seat at the time of the patrol, he was able to drive the vehicle immediately after the police officer left, and refused to measure the alcohol of this case.

The defendant has a history of criminal punishment of a total of three times, including imprisonment with labor, on one occasion due to drinking driving.

However, the defendant reflects the crime of this case.

. The above.