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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 1, 2017, the Defendant driven a vehicle under the influence of alcohol at a police box of the Steering Police Station C located in B at around December 1, 2017, and the Defendant driven the vehicle under the influence of alcohol for the following reasons:
Since there are reasonable grounds to designate a person, the police box was requested to respond to the measurement of drinking by inserting approximately 25 minutes of drinking, in the manner of inserting the 25 minutes of drinking to the police officer affiliated with the above police box, on three occasions.
Nevertheless, the defendant, without justifiable grounds, refused to comply with a police officer's request for measurement of drinking alcohol.
① The Defendant driven an E body-man car from approximately 25 meters away from the front road of the GS Radio station located in 110 as an volcanic road at the time of leisure 02:30 on the same day to the front road of the CU repair datum located in 118 on the same street.
There was a witness's statement on facts.
② At the time, the Defendant saw the body unsatisfying in the face of the Defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Investigation report (report on the situation of the driver in charge); and
1. The ledger using sobling measuring instruments;
1. Application of each statute on photographs;
1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning the crime of this case, the selection of imprisonment for the crime of this case ( Consideration of the nature of the crime of this case, the criminal records of the defendant, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);
1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;