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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 22:10, 2016, the Defendant was driving a DNA-learning motor vehicle in front of the west-gu, west-gu, west-gu, west-gu, the Defendant was under the influence of alcohol, such as the influenceF belonging to the astronomical Police Station Ear, the Defendant’s speech and behavior is inaccurate, drinking, snicking on the face, while driving the D-learning motor vehicle in front of the west-gu, west-gu, the Defendant was under the influence of alcohol.
As there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting four minutes during about 46 minutes from around 22:10 to around 22:56 of the same day.
However, the Defendant did not put the breath to a drinking measuring instrument, and brought about by entering the measuring instrument, and did not comply with a police officer’s request for a drinking test without good cause.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes governing enforcement site 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, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act, which has already been punished by a fine due to driving under drinking, is the circumstances favorable to the defendant, such as the circumstance unfavorable to the defendant, the fact that the defendant recognizes the crime and is against the defendant, and that the defendant has no other criminal records.
In such circumstances, the defendant's age, sex, environment, motive, means, results, etc. shall be determined as ordered in consideration of the circumstances after the crime.