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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 12, 2016, the Defendant, at the construction site located in Cheongju-si, Cheongju-si, Cheongju-si, and drinking alcohol and driving C-learning vehicles at the section of approximately 500 meters from Samsung Do in the Eup located in Samsung Do to the Do in the same Eup.
On June 12, 2016, at around 18:30, the Defendant was arrested from E, the police officer belonging to the police unit of the police station D police station, who was sent to the police station upon receipt of a report of 112 that he would avoid disturbance under the influence of alcohol on the street, and was brought to custody as the above D.
On the same day, the defendant was driven while under the influence of alcohol, such as smelling and smelling red on the face, from E, after confirming that the defendant was aware that he was driving a drinking at the above D District on the same day.
Although there are reasonable grounds to determine a person who has been requested to comply with the measurement of drinking for about 20 minutes by inserting the whole in a drinking measuring instrument, the police officer did not comply with the request for measurement of drinking without justifiable grounds, such as not putting the whole in a drinking measuring instrument into a drinking measuring instrument.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Each investigation report and internal investigation report;
1. Occurrence of a crime resulting from the violation of traffic laws on roads and arrest reports thereon;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Application of Acts and subordinate statutes, such as photographs, vehicle photographs, etc. of drinking dys;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though he/she had been punished several times due to driving of drinking, refusing to measure drinking, etc.