beta
Text
A defendant shall be punished by imprisonment for one year.
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
Criminal facts
On January 1, 2017, the Defendant, while smelling around 17:09 on January 1, 2017, was in an inaccurate manner, and was under the influence of alcohol, such as a distance between the walking and the walking.
In a state of considerable doubt, there is no legitimate reason to request D's alcohol alcohol measurement for the reason of the service of the Andong Police Station C District District for more than 30 minutes, starting from the place near other sugars in Andong-dong and driving a car with approximately 3 km section B 520 meters in front of the siren in the same Dong to the front of the siren in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a person who refuses to comply with a drinking test, a written confirmation and a report on detection of drivers;
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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. A normal condition favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant recognizes and reflects the crime, and the defendant does not drive drinking again.
Unfavorable circumstances: The Defendant, while driving under the influence of 0.203% in 2015, was under the influence of 0.203% and was under the influence of 7 million won and was under the influence of fine.
In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, sex, environment, health status, family relationship, motive and consequence of the crime, circumstances after the crime, etc., shall be determined as per the order.