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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 16, 2017, at around 07:06, the Defendant driven a CM5 car from around 200 meters to the DNA loan located in Seo-gu, Seo-gu, Seo-gu, Gwangju to the same Dong, and used a mutual violence with pedestrians and the Si guard. Upon receiving 112 reports, the Defendant was arrested by the police officer who was dispatched to the 112, as an offender of the crime of assault, and was arrested by the police officer who was dispatched to the normal hospital and sent to the normal hospital, and was under the influence of alcohol, such as under the influence of alcohol, such as making a cM5 car driving from around the 200 meters wide to the dial zone, with a large face of the Defendant.
There are reasonable grounds to determine a person, 07:36 , 07:43 , 07:51 , even though the person was required to comply with a drinking test, etc., she shall be placed on a return lying, or debris a drinking measuring instrument, and "we can see whether the person is a Ga, Ga, Gaus, and be a fine, if the person is punished;
I cannot see any omission, only once;
H.C. H. H. H. H. M. H. H. H.D.
It did not comply with the foregoing without any justifiable reason, such as the term "fash".
Summary of Evidence
1. Partial statement of the defendant;
1. A written statement;
1. On-site photographs refusing measurement;
1. Photographs of the dispatch site;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;
1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity [the defendant's refusal of measurement was merely temporary in light of the defendant's condition at the time of refusal of alcohol measurement];
Now at the time, it cannot be viewed that the defendant should have taken the measurement by blood collection without omitting the measurement procedure by the pulmonary measuring instrument.
The Defendant, on August 13, 2013, was sentenced to a three-year suspended sentence on the grounds of rape and five-year suspended sentence on August 21, 2013, and the judgment became final and conclusive on August 21, 2013, and did not know even during the suspended sentence period.