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A defendant shall be punished by imprisonment for one year.
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
On November 9, 2018, the Defendant was required to comply with a drinking test by inserting alcohol in total four times from around 21:59 to 22:15 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant driven a vehicle under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, working, drinking, drinking, drinking, and drinking, working, drinking, drinking, drinking, and drinking.
Nevertheless, the defendant did not put breath in a drinking measuring instrument and did his behavior as soon as possible while avoiding it, and did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act ( Imprisonment with prison labor);
1. Article 62 (1) of the Criminal Act;
1. Order to attend lectures or order to provide community service under Article 62-2 (1) of the Criminal Act;
1. Reasons for sentencing of litigation costs under Article 186 of the Criminal Procedure Act (basic remuneration of 300,000 won which is a public defender): Imprisonment with prison labor for a year and six months: Imprisonment with prison labor for a year and one year suspended sentence; two years of imprisonment; 40 hours in courses; community service work; grounds for mitigation, such as occurrence of traffic accidents; confession of criminal records of the same kind (two times of fines for sound driving): A confession; a minor, his/her dependent, health (excluding luminous infection);