도로교통법위반(음주측정거부)등
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
1. Around 07:00 on September 2, 2013, the Defendant was driving a vehicle B, salary class III without obtaining a driver’s license on a section of about 25 km from the 25 km to the Gyeongcheon-dong Gocheon-dong Gocheon-si, Ansan-si, through the vicinity of the Yancheon-si, Ansan-si, Ansan-si.
2. Around 08:00 on September 2, 2013, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level) and refused to take a drinking test even if there are reasonable grounds to recognize that the vehicle driven by the Defendant from the slope C belonging to the traffic survey team located in the king Police Station located in 328-10, Jincheon-si, 328-10, was installed while the vehicle driven by the Defendant from the slope C, who designated the Defendant as the driver of the motor vehicle, and there was a considerable reason to recognize that the Defendant was driven while under the influence of alcohol, such as red and smelling.
Accordingly, the defendant did not comply with the police officer's drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. A ledger of the use of a photograph of refusal to measure drinking and a drinking measuring instrument;
1. Application of Acts and subordinate statutes to the driving license ledger;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of driving without a license), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment for each sentence;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. One year of imprisonment in light of the following: (a) the probation order, order to attend a lecture, or order to attend a lecture, or the records of punishment for the punishment of Article 62-2 of the Criminal Act, despite the fact that each of the instant crimes was committed on several occasions; and (b) after the driver’s license was revoked on May 7, 201, it appears that he/she had been driving without a license on several occasions before the instant crime was committed (two-halfth of the police investigation records).