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The punishment of the accused shall be determined by six months of imprisonment.
Reasons
Punishment of the crime
1. Violation of the Road Traffic Act (Refusal of measurement) on January 13, 2019: (a) around 03:15, 2019, the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument, but did not comply with a police officer’s demand for a drinking test without justifiable grounds by avoiding this demand, even though the Defendant was required to comply with a drinking measuring instrument by inserting it into a drinking measuring instrument, in a manner of inserting it in front of the cooperative located in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “D apartment E-dong”), while driving a franp vehicle under the influence of alcohol from approximately 300 meters away from the 300 meters section, up to the road front of the same city, D apartment E-dong.
2. The Defendant violated the Road Traffic Act (free license) driving of the said vehicle without a driver’s license at the date and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of examination of part of the defendant by prosecution;
1. Each police statement made to H and I;
1. A report on the actual state of the driver;
1. Investigation report (Report on the status of an employee);
1. A report on investigation (the analysis of patrol booms) and a photograph of caps attached thereto;
1. Application of the statutes on the register of driver's licenses;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure noise), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license) of the same Act and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are as follows: (a) the punishment shall be determined as ordered in consideration of the following circumstances; (b) the Defendant’s age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime; and (c) the sentencing conditions specified in the argument of the instant case
The favorable circumstances: The crime was finally led to the confession.
(b) mistake.