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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 23, 2015, the Defendant driven a DNA car in front of the road located in Northern-gu B at the port of call on December 23, 2015, while driving the said vehicle while receiving 112 reports that the said vehicle would drive under the influence of alcohol, and carried out drinking, such as smelling, drinking, walking, walking, etc. from the slope F of the Police Station E box at the port of call called, sent to the Defendant after receiving a 112 report that the said vehicle would drive under the influence of alcohol.
There are reasonable grounds to determine a seal, and it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.
Nevertheless, the defendant has no fact of driving under the influence of alcohol, and is under the influence of driving under the influence of alcohol (driving under the influence of alcohol).
Recognizing that “A police officer did not comply with a police officer’s demand for alcohol testing without good cause by avoiding this demand.”
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. Photographs;
1. On the road traffic law violations (Refusal of measurement of drinking), reporting on detection of suspected persons, notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, and inquiry of the results of crackdown on the driving of drinking;
1. Application of Acts and subordinate statutes to a report on investigation (the scene of detection and measurement);
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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances considered as the following reasons for sentencing) are against the defendant, and there are favorable circumstances, such as the defendant’s wife wanting to take the action.
However, the defendant is not aware of the three-time fine criminal records and one-time suspended sentence due to drinking driving, and driving again, and not under control, the defendant's quality of the crime is heavy by refusing to comply with the drinking measurement with the bad attitude, such as the three-time cut-out of the vehicle, which should not be regulated.
In addition, at the time of the case, the defendant is suspected of driving a vehicle with a grog and driving it in spite of the other driver of the vehicle.