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A defendant shall be punished by imprisonment for not less than eight months.
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. On May 8, 2018, the Defendant was driving a car in the column B 100 meters high from the front of the 139 Myeoncheon-si Do Do Do 139, the Do Do Do Do Do Do Do Do Do Do Do Do 123 at a height of the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do 123 at the height of the Do Do Do.
2. On May 8, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol in the influence of alcohol, such as a fluorous fluoring, face, redlighting, and walking a motor vehicle under the influence of alcohol, while driving a fluorous vehicle at the speed of 123 at the height of e.g., e., the e., the e., the e., the e., the e., the e., the e.
In spite of the fact that there is a reasonable reason to designate a person, the police box C of the Gyeonggi Police Station, who was dispatched after receiving a report, was requested to respond to the measurement of drinking at least four times from the police box D, police officer E, etc., but did not comply with the request for measurement of drinking without justifiable grounds
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. Report on the circumstances of driving without a license;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of punishment provided for in the offense of violation of Road Traffic Act, the punishment of which is heavier, shall be aggravated);
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 was already punished due to the refusal of drinking alcohol measurement, and the fact that the license was revoked due to drinking driving is not much unfavorable.
However, it is true that the time is human being and reflects, and that is the same again.