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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On July 11, 2015, at around 16:35, the Defendant: (a) caused an accident that was driven by a parked vehicle while driving a DNA cren vehicle in front of the Seo-gu Gwangju, Seo-gu, Gwangju, by drinking alcohol on the road; and (b) around 17:35 on the same day, the Defendant was demanded from a slope E to comply with a drinking test by inserting approximately 30 minutes of alcohol while driving the DNA cren vehicle in front of the Seo-gu, Gwangju, Seo-gu.
Nevertheless, the defendant refused to take a drinking test without any justifiable reason and failed to comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes to an accident photograph;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was sentenced to a fine of 4 million won for drunk driving in 2003, and the defendant again refused to take a drinking test despite the fact that he was sentenced to a suspended sentence of imprisonment in 2002 and a suspended sentence of 2 years in 2005, but he was sentenced to a suspended sentence of 2 years in 2005.
On the other hand, since 2005, the fact that the defendant did not commit the same kind of crime, and that the defendant suffers from alcohol dependence, depression, etc. is favorable.
The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.