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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 13, 2015, the Defendant was required to comply with the drinking test by inserting alcohol meters into a drinking measuring instrument at around 20:00 on the same day, around 20:00, around 20:10, and around 20:24:3 times, at around 20:24:24, in a total of three times (30 minutes) a total of three times (30 minutes) in a drinking measuring instrument while driving a rocketing car in front of the Seocho-gu Seoul Metropolitan City, which was called after receiving a traffic accident report.
Nevertheless, the Defendant took a bath to a police officer who demanded a drinking test without any justifiable reason, and stated that “B does not have any means to drive,” and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. A copy of the usage register of measuring instruments for drinking;
1. Application of the Acts and subordinate statutes on photographs rejecting measurement;
1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. The fact that there was a record of being sentenced to a judgment of probation due to the crime of the same or similar kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, the circumstance and degree of the instant crime, and the fact that the course and degree of the instant crime were serious, and that there was an actual accident
On the other hand, the Defendant did not have any past record of criminal punishment since 2010, and at least did not have any past record of criminal punishment in this court, and the enforcement is suspended considering the Defendant’s gender, age, family relationship, and economic condition.
It is so decided as per Disposition for the above reasons.