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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 5, 2016, the Defendant driven a motor vehicle Category C in the vicinity of the Yongsan-gu Busan Metropolitan City, Daegu Metropolitan City, while drinking alcohol on the roads adjacent to the Yongsan-do, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking alcohol and smelling on the face, while driving the motor vehicle under the influence of alcohol on the roads adjacent to the Yongsan-gu, Daegu Metropolitan City, Incheon Metropolitan Police Station.
In light of the reasonable grounds for appointment of a person, the person was requested to comply with the alcohol measurement by inserting the whole in a single-lane drinking measuring instrument at around 18:25 on the same day, but did not comply with such request, and the person was requested to comply with the alcohol measurement at around 18:35 on the same day and around 18:45 on the same day after moving from the above C to a police station mountain box located in 276 at the Seogu Seo-gu, Seogu, Daegu-gu, the person was moved to a police station mountain box at around 276 on two occasions, and the person was requested to comply with the alcohol measurement at around
As a result, 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. Statement of the circumstances of driving at home, and report on the detection of the driver at home;
1. Application of Acts and subordinate statutes to photographs of suspects and vehicles at the time of arrest;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Article 62-2 of the Criminal Code of the Order to Attend the course of sentencing is not less complicated, and the defendant has the record of drinking alcohol driving in 2004 and 2006. However, the defendant confessions the crime of this case, does not cause any traffic accident, there is no record of more severe punishment than a fine, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.