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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 February 28, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drunk D belonging to the former police station C and Rabing the Defendant on the face of the motor vehicle under the influence of alcohol, while driving the motor vehicle B, while drinking the motor vehicle at the front of the 12-13-lane 12-13, the Gu-U.S. Sim-si, Sim-si, Sim-si, Sim-si, Sim-si.
Although there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for the measurement of drinking without justifiable grounds, despite the police officer's demand to comply with the measurement by inserting the breath for about 20 minutes from around the same day to around 02:05 on three occasions.
2. Violation of the Road Traffic Act (Non-licenseless Driving) the Defendant driven a rocketing car without obtaining a driver’s license from approximately 300 meters section from the old tourist hotel front of the Gu, Sin-si, Sin-si, Sin-si, Sin-si, to the studio studio in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;
1. As to the report on internal investigation (as to the attachment of photographs):
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
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. The reason for sentencing under Article 62-2 of the Criminal Act is the order to provide community service and attend lectures.