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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. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant: (a) was parked on the right side of the road while driving a D cafeteria located in Seo-gu, Seo-gu, Busan on July 5, 2015, in front of the D cafeteria; and (b) while driving a motor vehicle under the influence of drinking while drinking.
F The G-owned G-W-W-W-W-W-W-W-W-W-W-S
As above, the Defendant driven a vehicle while driving the vehicle under the influence of alcohol, such as sniffing, sniffing, red, string and walking, etc.
Around July 5, 2015, 23:44 on July 5, 2015, at the I District District located in Seo-gu, Seo-gu, U.S., Seo-gu, Busan, Seo-gu, in order to determine a person to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument three times between the 30 minutes and the Gyeong-gu. However, the police officer's refusal to comply with the request for measurement of drinking by a police officer.
2. On July 5, 2015, the Defendant was trying to cause and continue to drive the said traffic accident on the front of the D cafeteria located in the Seo-gu, Seo-gu, Busan, Seo-gu, Seoyang-gu. At around 23:30 on July 5, 2015, the Defendant: (a) boarded a vehicle from the victim K (39 years old); and (b) had the victim go beyond the floor of the victim’s head by drinking, and had the victim go beyond the floor of the victim’s head by drinking at hand; and (c) had the victim go from the vehicle continuously after getting off the vehicle, and had the victim go beyond the victim’s chest and face part of the victim’s chest and face part by drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to K in the police statement;
1. The circumstantial report of the driver employed at the main place;
1. A medical certificate;
1. Application of Acts and subordinate statutes on site and related vehicles photographs, black stuffs image images to the scene of the project;
1. Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the refusal of measurement of drinking alcohol) concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the point of injury) of the same 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 1.