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A defendant shall be punished by imprisonment for six 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
On June 21, 2015, around 01:0, the Defendant parked a B rocketing car at the 13 modern apartment parking lot, 423 m3, Yacheon-si, Yacheon-gu, Macheon-si, 015. On the ground that there was a reasonable ground to recognize that the Defendant driven a brealy under the influence of alcohol, such as smelling, smelling, snicking on the face, etc., the Defendant was demanded to comply with the breath measurement by inserting approximately 30 minutes of a police box of the Bupyeongcheon-si Police Station C police station, which was dispatched upon receipt of a witness’s 112 report, into the breath of the breath of the 30 minutes of the b
Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the ledger on the status of driving under the influence of alcohol, reports on the status of driving under the influence of alcohol, reports on the status of operating under the influence of alcohol, reports on the status of operating under the influence of alcohol
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The age, character and conduct, environment of the defendant, the background of the crime in this case, circumstances after the crime, etc. are committed, and the facts that there is a family member to be supported: The person involved has a previous record of drinking driving; and