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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 April 4, 2018, the Defendant driven a motor vehicle while under the influence of alcohol, such as around 23:07, on the front side of Gwangju Northern-gu D, the face of which is red, unslided, and the failure to properly grow.
Although there are reasonable grounds to determine a person, the police officers belonging to the Gean District Police Station of the Gwangju North Korean Police Station requested to comply with the alcohol alcohol measurement by inserting the whole in a drinking measuring instrument three times for about 45 minutes from the police officers belonging to the Gean District of the Gwangju North Korean Police Station, he/she did not comply with the alcohol measurement by a police officer without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. All on-site photographs;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant is likely to repeat the crime of this case, including committing the crime of this case, even though he/she could have a criminal record of a fine due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education;
Taking into account all the circumstances, including the fact that the defendant has been aware of his mistake and that the defendant has no criminal record exceeding the fine.