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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 September 9, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face, by drinking the motor vehicle on the road front of the E iron shop located in SM3 without a driver’s license, while driving a FSM3 motor vehicle on the road in front of the EM3 motor vehicle on September 9, 2016, after receiving the report of this G G 112, the Defendant driven the motor vehicle under the influence of alcohol from the Defendant, by drinking the motor vehicle on the front of the EM3 motor vehicle.
There is a reasonable reason to determine the person, and it was demanded from around 00:35 to around 00:55 of the same day to respond to the measurement of drinking on three occasions.
Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as continuing to change the water without entering a drinking measuring instrument.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on internal investigation:
1. Measuring photographs of the person under influence of alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1 and 43 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license), and selection of imprisonment with prison labor for a crime;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the long-term punishment for the above two crimes is aggregated);
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 suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act, including the fact that the defendant
1. An order to attend a course under Article 62-2 of the Criminal Act;