Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 5, 2017, the Defendant: (a) while driving a car in C C while drinking alcohol on the front side of the Sinsan-si, Sinsan-si, Sinsan-si, the Defendant was found to have been dispatched to the assistant E of the military police station D box, who pursued the Defendant, after receiving the notification of Defendant denial 112.
The Defendant, at around 00:50 on the same day, is divided into the Defendant’s speech and behavior at the same place, assumes a crossing, and drive a motor vehicle while under the influence of alcohol, such as a big distance.
If there are reasonable grounds to recognize, the above E was requested to comply with the alcohol measurement by inserting the measuring instrument for drinking, but rejected it without justifiable grounds, 00:58 on the same day, the second demand for the alcohol measurement for around 00:58, and the same month;
6. 01:12 Around 3rd alcohol testing demand was rejected without good cause.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver of the drinking alcohol, and a report on the situation of the driver;
1. Application of Acts and subordinate statutes, such as photographs refusing measurement;
1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;