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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. On July 23, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a motor vehicle with D low string on the road near C farm located in B of the B of the B of the B of the B of the B of the B of the B of the B of the B of the B of the B of the same day, causing an accident, and immediately being escorted to the Asan Hospital of the 136 B of the B of the B of the B of the B of the B of the same day and under medical treatment, the Defendant driven the motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from the EthicalF belonging to the B of the B of the B of the B of the B of the B of the B of the B of the
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.
그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
2. On July 23, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle at a distance of about 5 km from the Defendant’s home located in the G around the 19:20 on July 23, 2017 to the roads adjacent to the C farm located in the Bosa City, Bos-si, B without obtaining a motor vehicle license.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation reports on the actual condition of traffic accidents, notification of the results of regulating drinking driving, report on the circumstances of drivers who take driving, and application of Acts and subordinate statutes to the ledger of drivers' 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 Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the circumstances leading to the instant crime, etc., shall be determined by comprehensively taking account of all the conditions of sentencing indicated in the records.