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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 October 15, 2013, at around 01:10 on October 15, 2013, the Defendant driven a cpote car in the gravel market located in the Southern-dong, Busan, while driving the car, and driving it onto the department department store located in the central Dong, Jung-gu, Busan, and stopped the car at the old viewing intersection.
The Defendant received a report 112 and received a report, and there are reasonable grounds to recognize that the Defendant driven a vehicle under the influence of alcohol by the Defendant, such as sniffing, smelling, sniffing and walking, etc., from the slope D belonging to the Busan Central Police Station, which was called at the same time, the Defendant was demanded to respond to a drinking test by inserting the clibing the clibbing machine from around 01:20 on the same day to about 30 minutes on the same day.
그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to a report on the state of driving under driving under the influence of alcohol and the control of drinking driving;
1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;