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A defendant shall be punished by imprisonment for not less than eight 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 August 25, 2017, when the Defendant was under the influence of alcohol at around 04:10 on August 25, 2017, while driving a C SP car, the Defendant was locked while waiting at a one-lane of the road prior to the three-lane rithm of the Sejong-gun, Samnam-gun, and the police officer E, who was called upon in receipt of the report, demanded the Defendant to check the drinking alcohol from the Defendant and to comply with the Defendant’s breath measurement, but failed to comply with this.
Accordingly, the Defendant driven an automobile while under the influence of alcohol.
The police officer did not comply with a police officer's request for a measurement of drinking without any justifiable reason despite reasonable grounds for recognition.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Selection of an alternative imprisonment with prison labor under Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning facts constituting an offense subject to the relevant Acts and subordinate statutes that notify the results of regulating drinking driving;
1. The reasons for sentencing under Article 53 and Article 55(1)3 of the Act on the Suspension of Execution of Sentence 3 of the Punishment of Small Quantity Reduction Criminal Act (Article 62(1) of the Act on the Punishment of Social Service and Order to Attend the lecture under Article 62-2 of the Criminal Act include: (a) although a criminal record was previously punished by a fine due to driving of alcohol, etc., the Defendant already refused a request for the measurement of drinking; (b) the Defendant was under control by the police who was dispatched after receiving 112 reports on the road when driving alcohol; and (c) other various circumstances, such as the Defendant’s age, occupation,