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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 17:10 on December 28, 2012, the Defendant was driving a C EFpool car without obtaining a driver’s license in a section of about 200 meters from the front of the office of human resources for new personnel of the new apartment in the new apartment in the Yedong, the 17:20 on the same day from the front of the office of human resources in the new apartment in the Y-dong, the 17:20 on the same day to the front road of the shooting distance.
2. Around 17:20 on December 28, 2012, the Defendant was demanded to comply with a drinking test by inserting the breathm for about 20 minutes among the policemen belonging to the police station D Zone Unit of the Speaker Police Station, who driven a CEFna vehicle while drinking on the road in front of the shooting distance, while driving the C EFna vehicle in front of the shooting distance. As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and putting the breath on the face, etc., while driving the CFna vehicle in front of the shooting distance.
Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is that the defendant was issued a summary order of 1.5 million won of each fine due to drinking driving in 2005 and 2008, and that he/she was exposed to drinking driving on October 7, 2012 and was engaged in drinking driving again while the license was revoked.
However, the defendant reflects the crime of this case.