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A defendant shall be punished by imprisonment for one year.
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
1. Around 01:00 on April 22, 2019, the Defendant was driving a D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-
2. On April 22, 2019, at around 01:19, the Defendant was found to have a reasonable ground to recognize that he was driving under the influence of alcohol, such as smelling from the Defendant, while driving the said vehicle on the front of the middle-dong intersection in Daegu-gu, Daegu-gu, Police Station Eth of the Daegu Southern Police Station, which was under the influence of drinking driving, while driving the said vehicle on the road in front of the middle-dong intersection in Daegu-gu, Daegu-gu, Daegu-gu, and was demanded from 01:20 days to 01:48 on the same day, to comply with the measurement of drinking by inserting the vehicle in a manner of inserting it into a drinking measuring instrument over several occasions on the same day.
Nevertheless, the defendant, by refusing to put the whole breath in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (amended by Act No. 1556, Dec. 24, 201);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there have been several records of punishment for the same kind of crime, in particular, the Daegu District Court on April 5, 2019.