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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
1. On October 18, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol by drinking about 4 km while driving a motor vehicle under the influence of alcohol; (b) while driving a motor vehicle under the influence of alcohol by drinking about 4 km from the front side of the company in front of the ground-based company, to the lower side of the Hapo-si, Kimpo-si, the lower court, located in the lower side of the lower side of the Hapo-si, Kimpo-si, Kimpo-si; and (c) while drinking the motor vehicle under the influence of alcohol, such as smelling alcohol and drinking red at the face.
There is a reasonable reason to set a seal, and C police boxes were required to respond to the measurement of drinking by inserting the breath of drinking in a boom D slope.
Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.
2. On October 18, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Bho-do car without a vehicle license from the front day of the company in front of the Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si to the front day of the main shop.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on investigation;
1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to the next inquiry session;
1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The necessity for strict punishment in light of the danger of drinking driving, the defendant's driving of drinking as well as the police officer's drinking measurement has been refused.