도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
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
On December 10, 2019, at around 05:04, the Defendant was suspected of driving D A6 car in the state of drinking on the roads of “C” located in Busan Jin-gu, Busan at around 05:04, and was reported by 112, and the Defendant was dispatched to the site, and the blood color of the Defendant was red, bread from the police officer and patrolmen affiliated with the Busan Jin-gu Police Station E commander of the Busan Police Station E commander, who called to the site, and the Defendant was found to have driven while under the influence of alcohol, such as walking, snowing, and snowing, etc. on the same day, and there are reasonable grounds to believe that the Defendant was driving under the influence of alcohol, such as driving under the influence of alcohol, from around 05:13 to around 05:26 of the same day, the Defendant did not comply with a request for the measurement of drinking by a police official without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on circumstantial statements, investigation reports (report on the circumstances of the home-employed driver), investigation reports (including evidence list 9, attached materials);
1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., shall be determined as ordered by considering the following facts: although the defendant did not have any previous conviction to reject the measurement of drinking alcohol, the defendant's previous convictions are two times, the defendant's reflects his gender, and the defendant's age, character and conduct, environment