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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 00:55 on September 23, 2014, the Defendant was required to respond to a drinking test by inserting the breath of the alcohol measuring instrument four minutes in total from around 01:05 to 01:35 on the same day, inasmuch as there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as having appeared at the reaction C from the slope belonging to the traffic control department of the Sungdong Police Station at the time of drinking while he/she was driven by Bone Star bicycle on the road in front of the 8 centnife of the 8 centnife. Around September 23, 2014, the Defendant was required to comply with the drinking test by inserting the bast of the drinking measuring instrument four minutes from around 01:05 to around 01:35 of the same day.
Nevertheless, the Defendant refused to comply with a police officer’s request for the measurement of drinking without any justifiable reason by avoiding the breathic in a way that does not put the breathic in the
2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant from the front side of the yellow dysium, which is located in the substitute of the Sinsan City, to the front day of the 8 cent shop in Olsan City, without a driver’s license, at approximately 50 meters from the 50-meter section of the 50-meter section without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of imprisonment, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;