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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On December 16, 2016, the Defendant received a e-car on the front road of C at Silung-si, around 21:00 on the same day, while driving a DM car at around 21:0 on the same day, and was driven under the influence of alcohol by the Defendant under the influence of alcohol, such as a snicking and a snicking distance.
Although there are reasonable grounds to suspect that it has been requested to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times for about 20 minutes from that date to 21:35 of the same day, "I will not make an absolute measurement."
"A police officer did not comply with a police officer's request for drinking without good cause by avoiding his/her highness and avoiding this."
Summary of Evidence
1. Statement by the defendant in court;
1. A H statement;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the defendant driving a vehicle in the state of detention to the extent that he/she would have left behind the signal, and the nature of the crime is not good in that he/she would not take an accident while failing to comply with the measurement of drinking, and in addition, in consideration of the fact that the defendant has already committed the same kind of crime three times and has already been sentenced to punishment, and the defendant is against the defendant and will not repeat the crime again, the punishment is determined as ordered by the order, taking into consideration favorable circumstances, such as the fact that he/she will not repeat the crime again.