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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 27, 2015, around 04:00, the Defendant: (a) driven an E-cricking car in a drunken state from the front to the Dju point in the Bapo-si, Mapo-si; (b) caused a traffic accident that damages three parked cars, such as receiving vehicles parked on the front of the said Drown point.
On August 27, 2015, the Defendant received a traffic accident report and received a traffic accident report, and there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling the Defendant on the face, snicking, etc., on the face, and demanded to comply with a drinking test by inserting three times in a drinking measuring instrument for about 20 minutes from around 05:10 on August 27, 2015 to around 05:30, but the Defendant continued to refuse to comply with a request for a drinking test by a police officer without good cause.
Summary of Evidence
1. Defendant's legal statement;
1. A report on investigation;
1. Application of statutes on site photographs;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the reason for sentencing) is as follows: (a) the Defendant was sentenced to a suspended sentence for six months on August 22, 2014 by imprisonment with prison labor for a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act in the Yeongdeungpo Branch of the Gwangju District Court on August 22, 2014; and (b) the Defendant committed the instant crime during the suspended sentence period even though the judgment became final and conclusive on August 30, 2014; and (c) the Defendant had the history of having been punished four times due to drunk driving.
However, in consideration of the fact that the defendant's mistake is recognized and reflected, the defendant's age, character and conduct, family relationship, etc., the punishment against the defendant shall be mitigated and determined as the order.