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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On September 9, 2009, the defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution due to a violation of the Road Traffic Act (Refusal of measurement), etc., and was sentenced to 4 months of imprisonment with prison labor at the Suwon District Court on February 4, 2010 and sentenced to 4 months of suspended execution.
2. 12. A person for whom the parole period was expired on December 24, 2010 and the parole period was passed on January 30, 201, when the sentence of suspension of execution became null and void due to the final and conclusive judgment.
On October 17, 2013, at around 02:50, the Defendant was in the influence of alcohol and was demanded to respond to a drinking test by inserting alcohol in a manner of inserting alcohol measuring instrument into a drinking measuring instrument for about 30 minutes from F of the Gyeyang Police Station belonging to the Gyeyang-gu Incheon Metropolitan City Police Agency, while driving a car which has been set up on the above underground lane from the front of the solar-gu factory to the galsysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysysys.
그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Statement of the circumstances and report on the detection of such a driver;
1. A report on investigation;
1. Application of Acts and subordinate statutes, such as criminal records, inquiry reports and investigation reports (Attachment to the same type of judgment, verification of the date of release of a suspect);
1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting the crime.
1. Article 35 of the Criminal Act among repeated crimes;