도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
1. On February 18, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) at around 18:00, the Defendant driven a car in CCoon without a vehicle driver’s license at a section of about 1km from the above large restaurant to the Hansung-dong road in front of the market cafeteria, under the windic-dong, around the Defendant’s dwelling in the Southern-si, Southern-si.
2. Violation of the Road Traffic Act (Refusal of measurement) is driving a vehicle under the influence of alcohol in front of the Hancheon-si laundry Station at the D police box around 18:50 on February 21, 2014.
On the grounds that there are reasonable grounds to recognize that a person was driving under the influence of alcohol, such as drinking, smelling, sprinking, sprinking, etc. by the police box affiliated with the above police box that received the report of 112 when a traffic accident occurred, and dispatched, he/she was demanded to respond to the measurement of alcohol by inserting about 30 minutes in a drinking measuring instrument.
Nevertheless, the Defendant did not comply with a police officer’s demand for the measurement of drinking without any justifiable reason while avoiding “no error is found,” and thus refusing to take a drinking test.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the status of running a driving and the detection of a driver;
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 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 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. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Probation and community service order Article 62-2 of the Criminal Act are three times the defendant's reasons for sentencing without a license.