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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. On January 21, 2013, at around 04:48, the Defendant violated the Road Traffic Act (refluence of the noise measurement) and was demanded to comply with the alcohol measurement by inserting the alcohol measuring instrument three minutes from around 06:13 to 06:43 on the same day in a manner that, while driving a motor vehicle under the influence of alcohol, the Defendant caused an accident wherein he was able to dice in the location of the vehicle while driving the motor vehicle under the influence of alcohol on the front of the front of the front of the front of the Seoul metropolitan cycle cycle Highway, the U.S. E., the police station located in the D Zone for the expressway patrol division, brought the Defendant into the police station in the jurisdiction of the Gyeonggi-gu Police Station, and brought the motor vehicle under the influence of alcohol, such as smelling and smelling on the face of the motor vehicle, and making it possible to recognize that the Defendant driven the motor vehicle under the influence of alcohol.
Nevertheless, the Defendant refused to comply with a police officer’s request for sobreath measurement without justifiable grounds, by avoiding inserting the breath of a drinking measuring instrument into a drinking measuring instrument.
2. Around 04:48 on January 21, 2013, the Defendant was driving the instant Bosch Rexroth vehicle without obtaining a driver’s license from the Do in front of the “ fireworks Road,” located in the Sinri-si Si, Sinri-si, Sinri-si, Seoul, the outer circular Highway, the front of which is located in the Sinri-si, Seoul, to the front day of the Sinri-si, without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition of traffic accidents;
1. A report on the actual state of the driver;
1. Application of the statutes on the register of driver's licenses;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes)
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The Criminal Act, the suspension of execution;