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A defendant shall be punished by imprisonment for six months.
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
Around 03:00 on November 23, 2014, the Defendant was driving a D1 ton cargo vehicle while drinking alcohol from the Do in front of C before the Defendant’s residence to the road in front of 576-5 prior to the trend of 576-5 when the Defendant was aware that the Defendant was driving under the influence of alcohol, such as drinking while drinking alcohol at the Defendant’s entrance and drinking alcohol, sniffing, drinking snowing on the face, making a redlight, etc., and on the same day, from around 04:24 to 04:48 of the same day, the Defendant was requested by the Seongbuk Police Station Life Safety and Escoping of the said police box to comply with a drinking measuring method of putting the breath of it into the drinking measuring instrument three times from the F of the situation where the above police box belongs, but did not comply with a request for the measurement of drinking without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Application of Acts and subordinate statutes to voluntary reports on driving, reports on the state of drinking drivers, records on the use of a drinking measuring instrument, and written consent for voluntary driving;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances in which there is no serious penalty power: The same kind of crime has not been repented and repeated;