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A defendant shall be punished by imprisonment for not more than ten 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. The Defendant is a person who is engaged in driving service of a motor vehicle at the DNA time.
On June 23, 2018, at around 05:43, the Defendant driven the said vehicle under the influence of alcohol on the road of one lane in front of Yongsan-gu Seoul Yongsan-do, Yongsan-do, and caused a heavy traffic accident in which Fenz motor vehicles were driven.
Defendant 1 driven a motor vehicle under the influence of alcohol, such as drinking, smelling, snicking, booming on the face of the Defendant from the Seoul Yongsan Police Station G G of the Seoul Yongsan Police Station G and Police Officer I called to the site upon receiving the report that the said traffic accident occurred, and driving the motor vehicle under the influence of alcohol.
There are reasonable grounds to determine a person, and on the same day, the same day was demanded to respond to the measurement of alcohol by inserting approximately three minutes in total, including around 05:53 ,05:58 ,06 :03 , and around 15 :03 .
그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만을 하고, 측정을 하지 않겠다고
In a manner of refusal, a police officer did not comply with a request for a measurement of drinking without justifiable grounds.
2. Around June 23, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a DNA-si car without obtaining a driver’s license from the front of Yongsan-gu Seoul, Yongsan-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. A survey report on actual conditions;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.