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A defendant shall be punished by imprisonment for six 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
On May 20, 2015, the Defendant was driving a rocketing car on the front of the Incheon Bupyeong-gu Incheon Bupyeong-gu B on May 23:15, 2015, and on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smoking, the Defendant was demanded to comply with a drinking test by inserting approximately 30 minutes of a drinking measuring instrument for about 10 minutes from D, the superintendent of the Incheon Bupyeong-gu Traffic Safety Station, which was under the search for drinking, on the ground that there was a considerable reason to recognize that he/she was driving under the influence of alcohol, such as a snicking and drinking with a strong width, but did not comply with the above police officer’s request for a drinking test without
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to notification of the circumstantial statement of a drinking driver, report on the situation of a drinking driving, and the control of drinking alcohol;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (Taking into account that there is no past record of the punishment of imprisonment without prison labor or heavier);
1. Order to attend lectures under Article 62-2 of the Criminal Act;