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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 17:10 on March 4, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a Crash car at a section of about 1 km from the front of the Defendant’s residence in the Jeonnam-gun B to the front of a model restaurant in the same Eup/Myeon-dong.
2. Violation of the Road Traffic Act (Refusal to measure a noise level) The Defendant is driving the said leisure car while drinking the alcohol on the front road of the Bosong-gun, Sungsung-gun, Sungsung-gun, a short blast of 88-10, a day-to-day, such as the statement in paragraph (1) of this Article.
Since there are reasonable grounds to recognize that a person was driven under the influence of alcohol, such as drinking in the Defendant’s entrance, smelling on his/her face, etc., he/she voluntarily operated with the former Seongbuk-gu Police Station Embox from 17:40 on the same day to 18:00 on the same day, he/she requested the above Embox to comply with a drinking test by inserting approximately 20 minutes of a drinking measuring instrument three-minutes from the police officer D, while he/she takes a bath to comply with a drinking test, and failed to comply with a police officer’s request for a drinking test without justifiable grounds by avoiding the drinking test.
Summary of Evidence
1. Defendant's legal statement;
1. Photographss of refusing to measure drinking, circumstantial statements of drinking drivers, and reports on detection of drinking drivers;
1. Application of Acts and subordinate statutes to the drivers' license ledger;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act is the defendant's drinking or unlicensed driving of the same kind of crime as the previous crime.