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A defendant shall be punished by imprisonment for one year.
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
1. On January 5, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) in the direction of the residence of the Defendant located in the Northern-gun C around around 01:45, the Defendant driven under the influence of alcohol by the Defendant, such as: (a) a person who was called upon by the Defendant to the effect that he had observed a motor vehicle under the influence of alcohol, such as passing over the central line, while driving a motor vehicle from the front of the seat patrol box located in the same Gun on the same day to the front of the residence of the said Defendant; (b) a person was driven under the influence of alcohol by the Defendant, such as: (c) a person who was under the influence of alcohol, from a slope F of the Gyeongnbuk Police Station, who was called out to the effect that the said Defendant was a driver.
There is a reasonable reason to determine a person who has been requested to respond to the measurement of drinking by inserting approximately 30 minutes the whole in a drinking measuring instrument.
Nevertheless, the defendant is not able to avoid being driving without driving, but has been able to suppress.
A statement to the purport that “no reason exists” was made, and a police officer did not comply with a police officer’s request for alcohol testing without justifiable grounds.
2. On January 5, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Domina car without obtaining a driver’s license from a section of about 4 km away from the front of a seat patrol box located in the Chungcheongnam-gun of North Korea, to the front of the dwelling of the Defendant in the same military C, from around 01:06 to the front of the dwelling of the Defendant in the same military.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. G statements;
1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver driving, confirmation of the person refusing to comply with the measurement of alcohol, investigation report (in relation to refusal of measurement of alcohol), on-site photographs, register of driver's licenses, and application of Acts and subordinate statutes of the next time;
1. Article 148-2 of the Road Traffic Act applicable to the crime, Article 148-2 of the Road Traffic Act and Article 44(2) of the same Act (the rejection of drinking alcohol measurement and the selection of imprisonment), and Article 152 of the Road Traffic Act.