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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 18, 2015, the Defendant driven a drinking car at a mar-dong, Seopo-dong, Busan Metropolitan City (hereinafter referred to as "Yanpo-dong") around 23:50 on November 18, 2015, while driving a drinking car at a mar-dong (hereinafter referred to as "Yancheon-dong") under the influence of alcohol, such as drinking alcohol to the Defendant and drinking on the face from the mar D belonging to the traffic safety department of the North Korean Police Station, working at the entrance of the traffic safety department of the North Korean Police Station, where drinking is controlled, according to the same city-gu
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting the whole breag into a drinking measuring instrument over about 37 minutes.
Nevertheless, under the influence of alcohol, the Defendant continued to see “I” only, and avoided a drinking measuring instrument, and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of the Acts and subordinate statutes governing the report of investigation and the handling of 112 Reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the defendant, including the reflectivity and the first offense);
1. An order to attend a course under Article 62-2 of the Criminal Act;