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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 461]
1. On March 24, 2013, at around 21:10, the Defendant violated the Road Traffic Act (i.e., refusal of measurement) brought a dispute over D and career problems with which C urban bus was driven while driving BSM3 automobiles on the front of the Magdong, Seogu, Daegu-gu, Daegu-gu, while drinking alcohol on the road before the Magdong store.
The Defendant received a D’s report that he is driving a drinking driver, and received a request to comply with a drinking test by inserting approximately 20 minutes of drinking, on the grounds that there are reasonable grounds to recognize that he was driving under the influence of drinking, such as drinking alcohol from F, the life safety of the relevant police station, the light of E District Litigation, sniffing the Defendant from F, sniffing the face, setting the red light on the face, etc.
Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds
2. Around March 24, 2013, the Defendant violated the Road Traffic Act (free license) driving of approximately 10 km on the road front of the Daegu Northern-gu Gagdong Magdong Magdong store, even though the validity of the driver’s license was suspended from January 7, 2013 to April 16, 2013.
[2013Kadan589] On January 9, 2013, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Seo-gu District Court’s branch branch on January 9, 2013. On March 26, 2013, the same court received a summary order of KRW 5 million for the same crime.
On April 19, 2013, at around 22:45, the Defendant driven BM3 motor vehicles under the influence of alcohol content of about 100 meters without a driver’s license from the front of the Jacker restaurant located in the Seogu Seog-gu Busan Metropolitan City to the front of the Jacker, Co., Ltd. located in the same Dong from approximately 100 meters away from the 100m section to the front of the Jacker, Inc. in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement related to D and G;
1. The circumstantial statement of each host driver;
1. A report on detection of each host driver;