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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 21, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and snicking at the face while driving a motor vehicle with the D bargaining motor vehicle under the influence of drinking C the front road in Chuncheon City B at around 22:30.
Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting approximately 31 minutes from F in the situation belonging to the Chuncheon Police Station E District on the same day by means of inserting approximately 23:15 minutes.
Nevertheless, the Defendant did not comply with a police officer’s request for a measurement of drinking without justifiable grounds while disregarding that “A police officer’s refusal to take a measurement of drinking.”
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about reports on detection of drivers engaged in driving, circumstantial reports on drivers engaged in driving, and the results of crackdown on drinking;
1. Application of the Acts and subordinate statutes governing the measurement request;
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 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime without being aware of the fact that he/she had been punished by a fine due to driving around around 2009 and around 2014, and at the same time, he/she committed the instant crime is an unfavorable sentencing factor against the Defendant.
On the other hand, the fact that the defendant divided the defendant's wrong and reflects the defendant's wrong, and that the defendant seems to have economic difficulty in supporting his/her father and wife is an element of sentencing favorable to the defendant.
In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.