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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant of criminal records was sentenced to a suspended sentence for six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Cheongju District Court on July 23, 2009, and was sentenced to eight months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Cheongju District Court on August 31, 2010 during the suspended sentence, which became final and conclusive on November 9, 2010, and was released on June 30, 201 among the execution of each of the above penalties in the Cheongju District Court on June 30, 201.
8. 27. The parole period expired.
Criminal facts
On July 9, 2013, at around 22:25, the Defendant did not comply with a demand for alcohol testing without justifiable grounds even though he was required to comply with the alcohol testing method by inserting approximately 30 minutes of the daily traffic of the above police station and the slope D belonging to the above police station at around 22:45 on the same day, inasmuch as there exist reasonable grounds to recognize that he/she had driven under the influence of alcohol, such as drinking, smelling, drinking, and snowing, drinking, snow, and snowing, etc., in front of the nivers of the nivers of the nivers of the B B B in the direction of the nivers of the niverse-gun of the niverse-gun, U.S., U.K., the Defendant did not comply with the demand for alcohol testing by
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, report on the status of an employer driver, and investigation report;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the date of release, etc.);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. Article 35 of the Criminal Act among repeated crimes;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has favorable circumstances, such as the fact that the defendant is led to the confession and reflecting of the crime, and the defendant has been punished several times as the same crime. The defendant committed the crime of this case during the period of repeated crime due to the same kind of crime, and all other factors of sentencing, such as the defendant's age, character and behavior, environment, circumstance of the crime, and circumstances after the crime, etc.