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

Punishment of the crime

On April 29, 2017, around 06:10 on April 29, 2017, the Defendant driven a CK5 vehicle while under the influence of alcohol at the first-lane of the road in front of the Seocho-si police box located in 1243, and was taken measures to protect the Defendant as a first-month police box located in his place by the police officer assigned to the Gwangju Police Station that received a report 112, and was driven under the influence of alcohol, such as: (a) the Defendant was able to bread and snish and snick on the face.

There are reasonable grounds to determine a person, even though the police officer requested to respond to the measurement of drinking alcohol at intervals of about five minutes by inserting the whole in a drinking measuring instrument three times at intervals of about five minutes, the police officer rejected the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of the Acts and subordinate statutes to a field, a photograph refusing to measure, or CCTV image fash;

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 crime of driving under the influence of alcohol for the reason of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity is an offense that may infringe not only on drivers but also the lives and bodies of citizens who use roads, and thus requires strict punishment.

The defendant was sentenced to a fine for 2014 due to drinking driving and was sentenced to a suspended sentence for 2015 due to the refusal to measure drinking, but the crime of this case was committed during the period of probation, which is very heavy in view of the nature of the crime.

However, the punishment is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, such as the fact that the defendant is against the defendant, the age, environment, sex, motive and means of the crime, and circumstances after the crime.