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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 21, 2016, at around 12:00, the Defendant was under investigation with respect to the traffic accident caused while driving a Malaysia in the vicinity of the Mayang-si, Mayang-si, the Defendant was arrested as a flagrant offender committing a violation of the Road Traffic Act (fluence) on the grounds that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as drinking and smelling on the face, while he was under investigation with respect to the traffic accident caused while driving a Magyang-dong car on the roads near the Mayang-si, Mayang-si, Mayang-si, and was demanded to comply with the measurement of alcohol by inserting the Manyang-si by inserting the Manyang-si, which was around 13:00 of the same day and around 30 minutes of the same day.
Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. A report on internal investigation (a photograph, etc. of refusing to measure the musical content);
1. Application of traffic accident evidence examination and photographing statutes;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, 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. Probation and order to attend a lecture, the records of the same crime (two times a fine for sound driving) committed by the defendant on the grounds of sentencing under Article 62-2 of the Criminal Act, and the contents of the crime of this case are disadvantageous to the defendant.
However, a punishment to prevent recidivism shall be determined in consideration of favorable circumstances, such as the fact that the defendant has no criminal history of imprisonment without prison labor or heavier punishment or that he/she has not committed a second offense.