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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 July 5, 2018, the Defendant was under the influence of alcohol, such as drinking alcohol and drinking on the face, by drinking alcohol on the front of Scki on the roads of DJP car, which are located in DJP car, and driving under the influence of alcohol by the Defendant, from the F officer in charge of the patrol box of PP police station E box called the Defendant upon receiving a report of driving under the influence of alcohol, the Defendant was under the influence of alcohol, such as drinking alcohol and drinking on the face.
Although there are reasonable grounds to determine a person, even though he/she was requested to respond to the measurement of drinking by inserting about 10 minutes a total of three times, he/she did not comply with the request for measurement of drinking without justifiable grounds, since he/she did not comply therewith.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning facts constituting an offense and the selective punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing Article 62-2 of the Criminal Code of the Order to Attend a lecture has a record of being punished for drinking driving even before the defendant was sentenced to punishment.
Nevertheless, while driving under the influence of alcohol, the police officer committed the crime of this case which refuses to comply with the request for a measurement of alcohol by the police officer.
In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.