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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On July 14, 201, the Defendant was sentenced to a fine of four million won due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court on July 14, 201, and was punished for the same drinking or non-licensed driving, seven times more.
【Criminal Facts】
1. Around 18:10 on September 29, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a B Star Corpex vehicle at the section of about 8km from the front of a restaurant in the outer in the outer in the city of Incheon-gun to the front of the 83rd unit transfer of the same Gun, without a car driver’s license.
2. Violation of the Road Traffic Act (Refusal of the measurement of drinking), even though there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling the Defendant from the slope D belonging to the reinforcement police station at the front of the police station at the same time on the front of the preceding paragraph, the Defendant did not comply with a request for the measurement of drinking by a police officer without justifiable grounds, even though he was required to comply with a request for a measurement of drinking by inserting the breath in a manner that breath of drinking over about thirty minutes.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses and registration reports on driving drivers;
1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, and Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure such facts, the choice of imprisonment) of the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the mistake of one's own person is repented and reflected);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;