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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 11, 2017, while the Defendant was under the influence of alcohol at around 22:19, while driving a Category C car and driving a road near D at the right east of the gold village to the right east of the street, the Defendant shocked India’s boundary because he did not properly operate the electric racks and steering gear. As above, the Defendant driven under the influence of alcohol, such as drinking, drinking, etc., from the border G belonging to the Fdistrict of the Pakistan Police Station, the Defendant called to the site upon receiving a report on the occurrence of a traffic accident, and driven under the influence of alcohol by the Defendant.
There are reasonable grounds to determine a person, so that the person was requested to respond to the measurement of drinking on the same day, 23:02 on the same day, 23:13 on the same day, and 23:39 on the same day, respectively, to make a measurement at the emergency room of the sowing-in hospital located in the gold-dong at the same time.
Nevertheless, the Defendant continued to refrain from measuring alcohol so that he/she did not comply with a police officer's request for measurement of alcohol without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a traffic accident report, a report on the occurrence of a traffic accident, a field photograph, a situation report on the driver of a primary driving, and a notice of the results of crackdown on drinking driving;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has driven drinking, such as causing an accident that shocks humanitarian seat, etc.;
The measurement was refused on the ground that there is sufficient reason to see it is bad.
The defendant has been punished for drinking and non-licensed driving in the past.
However, considering that the defendant has no record of punishment in excess of a fine, the defendant is sentenced to the same punishment as the order.