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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 21, 2010, the Defendant was sentenced to six months for the violation of the Road Traffic Act, the violation of the Road Traffic Act (free license) and the crime of injury at the Daegu District Court on January 24, 2012, and completed the execution of the said sentence at the Daegu Prison on January 24, 2012 (the suspension of execution of sentence and the dismissal of appeal on August 18, 201).
On December 2, 2012, at around 16:35, the Defendant: (a) while driving a motor vehicle of a boom C while drinking alcohol on the road in front of the Mandong of the Gu-si, the Defendant was compelled to comply with the alcohol test by inserting the alcohol measuring instrument into a breath of the Gu-U.S. police station DNA box affiliated with the Gu-U.S. police station D box located in the Gu-U.S.F.F., on the ground that there are reasonable grounds to recognize that the Defendant driven the motor vehicle while under the influence of alcohol, such as smelling the breath of the breath of the breath of the Gu-U.S. police station D box, and towing the b
Nevertheless, the defendant avoided this and did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. A survey report, a survey report (a photograph), a ledger of the use of a drinking measuring instrument (duplicating), and a survey report (duplicating CCTV photographs);
1. Previous records of judgment: Application of criminal records, data inquiry and investigation reports (Attachment to judgment for a repeated crime period);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The fact that discretionary mitigation is a crime committed during the period of repeated crime due to the same kind of crime in the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and is driving in the state of detention.
In addition to the repeated crime of recent 10 years, the same kind of crime, such as driving cargo vehicles or urbane without a license in the state of taking over cargo vehicles or urbane, or causing accidents during the course of driving, and escape.