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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On March 28, 2014, the Defendant was sentenced to a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act in the Busan District Court’s branch branch court, and on October 12, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.
1. Around 01:30 on August 11, 2018, the Defendant violated the Road Traffic Act (refluence of the noise measurement) was required to comply with a drinking test by inserting four minutes from around 02:10 to 02:30 on the first floor parking lot of an apartment building B in Busan-gun, Busan-gun, for the first time, in order to find that the former Defendant was a vehicle suspected of drinking while driving D-Wing on the road in front of the Busan Park after receiving a 112 report that the former Defendant had a vehicle suspected of drinking while driving D-Wing on the road in front of the Busan Park, and from the FF belonging to the Busan Police Station E zone in the Busan Police Station E zone in the Busan Police Station E zone in which the Defendant was called.
그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
2. On August 11, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving the Doz car from approximately 1.7 km section from the front of the Busan-gun Cpark to the front of the B apartment, without obtaining a driving license, around 01:30 on August 11, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Entry of the defendant in G in the suspect examination protocol of the prosecution;
1. Report on the actual state of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the vehicle, inquiry into the results of
1. Investigation reports (verification of a suspended sentence of drinking and reporting of the same kind of power) and the application of Acts and subordinate statutes as a result of inquiry;
1. Relevant statutory provisions and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.