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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
On December 18, 2018, at around 22:40, the Defendant: (a) driven the instant vehicle at the parking lot of the Chuncheon-do Busan-do Office of the Central Expressway, which is located in Chuncheon-si, Busan-do; (b) driven the said vehicle at a remote distance from the left and right to the right, and was reported from the latter vehicle.
The defendant parked his vehicle at the above rest area and fastened with the report of 112, and was dispatched from the slope D belonging to the expressway patrol team C, with a large amount of smelling, face is red, and there are reasonable grounds to suspect that the defendant was driven under the influence of alcohol, such as inabreathesis, and the defendant was under the influence of alcohol, and the defendant was requested to take a breath-23:05 time in total for 22:40-23:05 on the same day, but failed to comply with the request without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. 112. List of reported cases;
1. Each report on investigation;
1. Application of statutes on site photographs;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the fact that there is no criminal force after being sentenced to a fine due to drinking driving in 2005, and all of the sentencing conditions recorded in the records, such as the Defendant’s age, character and conduct and environment, and circumstances after the crime, shall be determined as ordered.