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A defendant shall be punished by imprisonment for one year.
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
1. Around 05:50 on December 29, 2019, the Defendant was required to respond to the measurement of drinking alcohol by inserting approximately 12 minutes in a manner that makes it difficult to recognize that he/she driven under the influence of drinking, such as drinking, smelling, walking, and walking, from the policeman affiliated with the Seoul Mapo-gu Police Station D, while driving a Cata car on the front of Mapo-gu Seoul, Seoul and while driving the Cata car on the road.
Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath of drinking so that the Defendant did not comply with the request for alcohol testing.
2. Around 05:50 on December 29, 2019, the Defendant driven a Cscar in a state without obtaining an international driver’s license from the Pyeongtaek-si F Parking lot to the front road of Mapo-gu Seoul Metropolitan Government.
Summary of Evidence
Examination of Police Suspect against Defendant
1. Application of Acts and subordinate statutes to an investigation report on the circumstantial statement of a host driver, an investigation report on control details, and an international driver's license (with respect to verification of evidence and image; and
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 96 of Article 152 of the Road Traffic Act (a point of driving without a license) of the Road Traffic Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;