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A defendant shall be punished by imprisonment for one year.
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
The defendant is a person who drives B cargo vehicles.
On November 30, 2019, at around 17:40, the Defendant was set up and set up on a set of a three-distance Korean-distance Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-style Korean-U.
The defendant was required to take a alcohol test from E during the police box called to the scene because he was smelled in the entrance and the state of walking poor, so he was suspected of driving under the influence of alcohol, but refused it without justifiable reasons.
Summary of Evidence
1. Defendant's legal statement;
1. On-site alcohol testing refusal, photographs, notification of the results of the drinking driving control, report on the situation of a drinking driver, on-site photographs and CCTV images for crime prevention;
1. Application of the Acts and subordinate statutes to report investigation and internal investigation;
1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The fact that there was a record of being sentenced to a fine once (2003) due to the driving under the influence of alcohol due to the reason of sentencing under Article 62-2 of the Social Service Order Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (2004), the fact that there was no criminal record due to the driving under the influence of alcohol for a long time after the fact that there was a family member to support, the background of