도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is the driver of a Chumburged vehicle.
On November 20, 2015, the Defendant: (a) driven the above vehicle at around 23:15, and driven the vehicle under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, drinking, and drinking, drinking on the front side of the port department in the Dong-dong, Dong-dong, Dong-dong, Dong-dong, to the road in front of the port department in the Dong-dong, Dong-dong, Dong-dong; (b) driven the above vehicle at around 3 km in the front side of the vehicle while driving the vehicle at around 23:15; and (c) tried to escape from the vehicle; and (d) the Defendant driven the vehicle under the influence of alcohol, such as drinking, drinking, drinking, drinking, and drinking, e.g., red-lighting with the face of the police station in the Dong-dong, Dong-dong, Busan.
Due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole of drinking measuring instruments three times at around 23:25, around 23:35, and around 23:45 on the same day.
Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of drinking alcohol, reporting on the circumstances of driving of drinking alcohol, and application of Acts and subordinate statutes to report internal death;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
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 stay of execution (Special Consideration, such as the reflection of the accused and the fact that there is no past record of the crime exceeding the fine);
1. An order to attend a course under Article 62-2 of the Criminal Act;