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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 22, 2018, the Defendant was driven by the Defendant on the street in front of the four-dimensional distance of a woman in the Daejeon Sung-gu, Daejeon on March 22, 2018.
B Driving a vehicle under the influence of alcohol, such as being drunkd from the D Inspector belonging to the Sungsung Police Station C who was dispatched after receiving a report that the vehicle caused a traffic accident, and being drunk in the face of alcohol, and being drunk at the bar.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.
Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, and avoided it by preventing a drinking measuring instrument by hand, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to an investigation report on the actual condition of a traffic accident, an accident scene photograph, and a photograph refusing to measure drinking, a statement on the situation of a driver taking driving, each investigation report, a report on detection of a driver taking driving, and an inquiry of the results of
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances under Article 62-2 of the Criminal Act, and other circumstances under the reason of sentencing.
The ordinary circumstances that are disadvantageous: The one who committed another in the same kind of crime even though he had the record of being punished for driving under the influence of alcohol, the other who refuses to measure the drinking without any justifiable reason after driving under the influence of alcohol is more favorable than the case of the ordinary driving under the influence of alcohol: The one who made a confession is against the nature of the crime, and there is no record of criminal punishment above the fine