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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 becomes final and conclusive.
Reasons
Punishment of the crime
On August 28, 2016, at around 06:18, the Defendant driven a 101-lane, as the bankruptcy of Gangnam-gu Seoul, while driving a B-V car from the 6th 101-gil to the 77-gil 49-gil dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, and was reported to the effect that the Defendant was under the influence of alcohol, while driving the vehicle while driving the vehicle, after receiving a report on 112 that there was a person driving the vehicle while driving the vehicle while driving the vehicle, the Defendant was under the influence of alcohol
Even though there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument three times, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to a report on detection of drivers;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant was punished by a fine due to drinking alcohol driving in 2004 and 2012 under unfavorable circumstances; the Defendant recognized and reflects the offense; and there is no previous conviction exceeding the fine related to drinking driving; considering the favorable circumstances; and comprehensively taking into account all other factors into account the overall sentencing conditions, the sentence as ordered shall be determined.