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A defendant shall be punished by imprisonment for not less than eight 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
1. Violation of the Road Traffic Act (Refusal of measurement) on July 25, 2014, the Defendant: (a) around 15:40 on the 16:0 day from the day before the day of the Gambow restaurant located in the old-si Myeong-si in the old-si city, to the front day of the Kambow hall located in about 6km in about 16:00 on the same day, the Defendant was required to drive Cambling-type truck in the state of under the influence of alcohol in about 6km from the front day of the Kambling-si, while driving the Cambing-type truck in the state of under the influence of alcohol; and (b) the Defendant was in the front day of the Kambalter in the state of drinking in the direction of measuring the degree of alcohol without a big distance; and (c) the Defendant was required to have the breath in the state of drinking in the direction of measuring the degree of alcohol.
Even though the Defendant was demanded by the E-port Office located in Gumi-si from 17:52 on July 25, 2014 to 18:22 (30 minutes) from Gumi-si, to comply with a drinking test four times from the above F, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, such as spating the F’s hand.
2. Around 15:40 on July 25, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driven a C blue-type cargo vehicle without a driver’s license at a section of about 6km from the front of a restaurant at the ancient-si in the ancient-si Do, which is located in the ancient-si, to the front of a mountain village hall located in the same 16:00 on the same day, from around 16:0 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the register of driver's licenses, such as investigation reports (with respect to refusal to measureA drinking), reports on the state of driver's license, details of disposition on cancellation of driver'
1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), the Road Traffic Act’s provision applicable to the crime, the choice of punishment, and the selection of punishment.