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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
"2015 Highest 827"
1. Around 11:50 on May 23, 2015, the Defendant driven B Poter vehicle while under the influence of alcohol content of 0.141% on the front of the “Saccin farming machine” on the road in front of the front of the “Saccin farming machine” Eup in the Shinan-gun, New-gu, Seoul.
"2015 Highest 1156"
2. On August 7, 2015, at around 12:45, the Defendant violated the Road Traffic Act (recognition refusal) caused an accident in which he was driven by electric poles while driving a B-lane vehicle in front of the entrance of the Dobong-gu, Yanannam-gun, Seoul-gun, Seoul-gun, and received a traffic accident report, and there is reasonable ground to recognize that the Defendant was driven while under the influence of alcohol, such as drinking alcohol, smelling, drinking, and unsatising, and unsatising the horses, etc. from a slope D belonging to the Yan Police Station C District, which was dispatched to the scene after receiving a traffic accident report. Accordingly, the Defendant was demanded to put the alcohol in a drinking measuring method for approximately 30 minutes (round 13:49, around 14:00, around 14:10, around 14:20, around 14:20).
Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.
3. Around 12:45 on August 7, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving license, but driven B-be driving at a section of about 4 km from the front of the entrance road of the front of the entrance of the mountain village at the Yannam-gun, Yannam-gun, Seoul Special Metropolitan City, to the front of the entrance of the mountain village at the same Eup.
Summary of Evidence
"2015 Highest 827"
1. Defendant's legal statement;
1. Statement to E by the police;
1. Report on the circumstantial statements of a host driver, and report on the detection of a host driver “2015 Godan 1156”;
1. Defendant's legal statement;
1. Statement of detection of a host driver and a statement in the circumstances of the host driver;
1. The ledger of driver's licenses;
1. Application of Acts and subordinate statutes to on-site and accident vehicles, and photographs refusing to measure drinking;
1. Article applicable to the crime, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving) of the same Act, Article 148-2 (1) 2, and Article 44 of the Road Traffic Act, the choice of punishment for the crime;