도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On July 30, 2013, the Defendant violated the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act: (a) destroyed the instant rocketing car by neglecting the duty of safety care due to the negligence of neglecting the duty of safety care in driving the B Hamna car, which was not covered by the mandatory automobile insurance on July 30, 2013, and driving the Hamna car into the land in the margin of Jin-gu, Jin-gu at the time of Kimhae-si; (b) thereby, caused the damage of the said Hamna car to be in excess of KRW 3,387,467, by taking back the back part of the victim C's Hamna car parked on the right-hand part of the said car.
2. The Defendant, in the course of a traffic accident under paragraph (1) of this Article, was sent back to an emergency room of the E Hospital located in the same Ri, and the Defendant, who was judged to have driven under the influence of alcohol on the face of sniffing heavy drinking in the Defendant’s entrance, and was driving under the influence of alcohol, the Defendant refused to take a alcohol test four times at the above E Hospital and the I Hospital located in the Changwon-si, Changwon-si, Masan-si, and requested four times to take a alcohol test at the above E Hospital from 20:59 to 22:35 on the same day, without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. C's statement of a traffic accident-related person;
1. A traffic accident occurrence report;
1. An accident-related photograph;
1. A written report from an employee of an employer;
1. A photograph refusing to measure drinking;
1. Written estimate of the cost of underwriting insurance;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant Article of the Act on Criminal Facts and Article 151 of the Road Traffic Act (the point of destroying and damaging Property by Occupational Negligence, Selection of Imprisonment without prison labor), Article 46 (2) 2, Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars not covered by mandatory insurance, the choice of imprisonment), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure the noise and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.