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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 15, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driven E truck from around 7 km to the front road located in C, from the roads near the agricultural station, the U.S., the U.S., the U.S., the U.S., the U.S., the U.S., and the U.S., the U.S., the permanent resident, without obtaining a driver’s license.
2. On October 15, 2016, the Defendant violated the Traffic Act (refluence of alcohol measurement) on the road and reported that he/she was a person driving under the influence of alcohol within the above D on October 15, 2016, and was drinking in the Defendant’s entrance from G of the police box of the permanent police station that was called out after receiving a report that he/she was a person driving under the influence of alcohol within the above D, and his/her face is red, and the Defendant was driving the said cargo
Statement and driving under the influence of alcohol, such as attaching keyss to the truck of the truck.
There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting approximately 45 minutes in a drinking measuring instrument.
Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with respect to H, statement made by the police with respect to H, and statement made by the H;
1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, photographs, driver's license ledger, and inquiries about the disqualification of the main office;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 62 (1) of the Criminal Act;
1. Determination of imprisonment with prison labor is made in consideration of the same kind of records of sentencing as the sentencing of Article 62-2 of the Social Service Order Criminal Act, but the defendant reflects the crime of this case in depth.