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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 became final and conclusive.
Reasons
Punishment of the crime
On April 1, 2017, the Defendant driven a motor vehicle under the influence of alcohol in front of a house located in Gyeyang-gu C at around 18:55, while driving a d bargaining motor vehicle in front of the house in Gyeyang-gu C, and caused a traffic accident, and received a report, and the Defendant driven the motor vehicle under the influence of alcohol, such as drinking and smelling it to the Defendant, setting a red light on the face, and rhinging it.
Despite the fact that there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for measurement of drinking without justifiable grounds, despite the police officer's demand to comply with the measurement by inserting the drinking measuring instrument three times for about 46 minutes from around 19:11 to around 19:57 of the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of drivers of drinking alcohol and a ledger using measuring instruments for drinking alcohol;
1. Application of Acts and subordinate statutes governing accident scene photographs;
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 for mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14489
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);