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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 16, 2017, the Defendant driven a motor vehicle at the front of the B B B Benz on the wall ladon 1619, a mountain village in the middle-gu Daejeon, Daejeon, Daejeon, on March 16, 2017, at the request of a policeman affiliated with the police station C of the Daejeon, who was under the influence of drinking control, and was under the influence of alcohol due to the Defendant’s drinking smoking, and the Defendant was under the influence of alcohol, such as drinking alcohol.
There was a reasonable reason to determine a person, who was demanded from around 23:11 to around 23:45 on the same day to respond to the measurement of drinking alcohol by inserting the whole part of the drinking measuring instrument four times over 35 minutes.
However, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. An explanatory note;
1. Application of Acts and subordinate statutes to photographs refusing measurement;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances favorable to the fact that the nature of the crime is not good because of the fact that a police officer who was under the control of drinking refuses to take a measurement of drinking by drinking while drinking again, even though two times the history of the crime of drinking driving, and was demanded to do so by the police officer while drinking control: The fact that the person is led to confession