beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 26, 2013, the Defendant, at around 23:05, failed to comply with the demand for a drinking test on four occasions from the slope C belonging to the traffic management department of the Changwon Middle Police Station, even though he/she was required to perform a drinking test on four occasions in the field of alcohol at approximately 300 meters under the influence of alcohol in the same section from a pay parking lot near the Seongbuk-gu, Sungwon-si, Sungwon-si to the road in front of the same Dong to the KT in front of the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the main driver, a circumstantial statement, a statement of control, and a rejected photograph of measurement;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The punishment shall be determined by taking into account all other circumstances that form the conditions for sentencing, such as the character, conduct and environment, etc. of the defendant, in order for the defendant, who has had been punished several times due to the reasons for sentencing under Article 62-2 (1) of the Criminal Act, to avoid drinking control, although the liability for the crime of this case is not somewhat weak, considering the fact that the defendant's mistake is recognized and reflects it, in order to avoid drinking control;
In addition, probation and lecture order are added in order to encourage the eradication of drinking driving.