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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 21, 2016, the Defendant: (a) while driving a motor vehicle under the influence of alcohol on the road in front of a singing practice hall located in Gangnam-si C; (b) while driving a motor vehicle, the Defendant: (c) was under the influence of alcohol by drinking the alcohol on the road in front of it; (d) from G in the circumstances belonging to the F District Zone of the Gangseo-gu Police Station called the Defendant upon receiving a traffic accident report, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking alcohol, snicking, eroding, and eroding.
There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.
그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A H statement;
1. A report on the occurrence of a traffic accident and a report on a traffic accident;
1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act to be mitigated considering extenuating circumstances (the following extenuating circumstances among the reasons for sentencing);
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. A judgment of suspension of execution shall be issued on the condition that a person takes a part in a law-abiding lecture for a certain period of time in light of the frequency (two times) and content of driving force for the reason of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Protection Observation, etc. Act, and the attitude of refusing measurement of this case, etc.