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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 27, 2017, the Defendant: (a) while driving a D-B-way cargo vehicle at a light-wise C on April 27, 2017, the Defendant: (b) reported that drinking would be doubtful; (c) while driving the D-B-way cargo vehicle, and (d) was dispatched from F to the boundary, the light-line E-gu Police Station E-gu Seoul Special Metropolitan City Police Station sent to the site, and driven the Defendant under the influence of alcohol, such as a snicking and unfolding distance.
There are reasonable grounds for suspecting that the police officer was unable to comply with a request for the measurement of drinking without good cause by a police officer for the measurement of drinking for about three minutes from around 21:55 to around 22:20 on the same day by inserting the whole part of a drinking measuring instrument three times, but he/she was requested to comply with the measurement of drinking by failing to breathly in the drinking measuring instrument.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to notify the results of internal investigation and control of drinking driving;
1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning the facts constituting a crime, the selection of imprisonment, and the selection of punishment;
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 suspended execution;
1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;