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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On June 30, 2017, the Defendant was driving under the influence of alcohol, such as drinking alcohol, sniffing, sniffing, sniffing, sniffing, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, etc.
Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.
Nevertheless, the Defendant continued to avoid a drinking test and failed to comply with a police officer’s request for a drinking test without justifiable grounds.
2. Violation of the Road Traffic Act (unlicensed Driving) Defendant did not obtain a motor device bicycle license at the time and place set forth in paragraph 1, and operated without registration 50cc c c sc sc sc sc sc s
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. A photograph refusing to measure drinking;
1. Stoptoo photographs;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes on investigation reports (No. 12-15 of investigation records);
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the selection of fines) concerning the crime;
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;
1. Article 53 and Article 55 (1) 3 of the Criminal Act [Article 55 (1) 3 of the Act on Reduction of Small Quantity]
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant has been subject to punishment once due to drinking driving or once due to driving without a license, and the defendant also has committed an offense of refusing to measure drinking, in light of the fact that he/she has been subject to punishment only once due to driving without a license.
(b).