도로교통법위반(음주측정거부)
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
Around 21:45 on March 15, 2019, the Defendant was involved in an accident wherein the Defendant was under the influence of alcohol while driving a Cbea cruise car while drinking alcohol on the front side of the area B in Suwon-si, Suwon-si, and the Defendant was demanded to put the vehicle in the total method of drinking 4 minutes from 21:58 minutes to 22:15 minutes on the same day on the same day, on the grounds that: (a) the Defendant was under the influence of alcohol due to the fact that the Defendant was under the influence of alcohol due to the fact that the Defendant was under the influence of alcohol on the part of the driver’s seat of the accident; and (b) the Defendant was required to put the vehicle in the influence of alcohol over four minutes from 21:58 to 22:15 minutes on the same day on the same day.
Nevertheless, the Defendant, “I would like to cut off his match. I would like to drive a vehicle. I would like to do so,” and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements and investigation report of a host driver (in addition to situations at the time of refusal of the measurement of alcoholic beverages);
1. Application of Acts and subordinate statutes to the regulations governing drinking driving;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is deemed to have failed to comply with the request of a police officer for the measurement of drinking of a police officer dispatched after receiving a report while the defendant was under the influence of drinking alcohol and driving the alcohol, and the nature of the crime is not somewhat weak, and the defendant is likely to be subject to criticism.