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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 6, 2016, 200:08, the Defendant driven a D’s low-priced car on the front of the C cafeteria in the Changwon-si B, Changwon-si, Masan-si, with drinking on the road, while driving the vehicle under the influence of alcohol, the Defendant driven the vehicle under the influence of alcohol, such as drinking, smelling, red, etc., from the F for the police box belonging to the Minsan-gu, Minsan-si, Police Station E (KO).
Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.
Nevertheless, the defendant does not take a drinking test.
A police officer's refusal to comply with a request for a measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Application of Acts and subordinate statutes to make a statement on the circumstances of drivers at home and report on the situations of drivers at home;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The sentencing conditions under Article 62(1) of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by the sentence in full view of the following circumstances.
Unfavorable circumstances: The defendant could have been punished as a crime of violating the Road Traffic Act (drinking driving), and even if he had the record of being punished as a crime of violating the Road Traffic Act (drinking refusal of drinking), he also committed the crime of this case.
The favorable circumstances: The crime of this case is against the law.
The most recently punished punishment is not less than 6 years.