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A defendant shall be punished by imprisonment for six months.
except that 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. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant, on August 30, 2015, received a request for a drinking test from 205 room of "Cambel" in Daegu-gu, Daegu-gu, to the effect that "any person who has driven a drunk," and "any person who has driven a drunk," upon receipt of a report, there is considerable reason to recognize that he/she was driving under the influence of alcohol by means of injecting the snow of a suspect, such as heavy snow and snow snow, etc., and thus, there is considerable reason to believe that he/she was driving under the influence of alcohol," but the Defendant did not comply with a request for a drinking test without justifiable grounds, from that time to 21:56 of the same day, even though he/she received a request for a drinking test by inserting the drinking measuring machine into the drinking measuring machine four times in total, from that time, and did not comply with the demand for a drinking test without justifiable grounds.
Accordingly, the defendant did not comply with the drinking test of a police officer as a person who has a considerable reason to recognize that he was driving a motor vehicle under the influence of alcohol.
2. 도로교통법위반(무면허운전) 피고인은 2015. 8. 30. 21:24경 대구 달서구 성당동에 있는 ‘마차이짬뽕’ 앞 도로에서 같은 구 B에 있는 ‘C모텔’ 주차장까지 약 1.5km 구간에서 자동차운전면허 없이 E 모하비 자동차를 운전하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (F telephone communications of reported persons);
1. Investigation report (Attachment to the register of driver's licenses);
1. Application of Acts and subordinate statutes to report internal accidents;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of imprisonment, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act);