도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not more than ten 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 November 15, 2017, the Defendant driven a 500-meter B string vehicle in front of the village credit cooperative located in the same Dong-dong from the old world near the law exchange school in the Seopo-dong at the time of Seopopo-si, in a state of drinking around 14:00 on November 15, 2017.
Since then, the Defendant received a report on 112 that there was a person driving a drinking alcohol, and 4 persons, such as D, etc. during the service of the police box in the Seogpo Police Station C, who was dispatched to the scene, driven a drunk with the Defendant’s rhythm and a strong and strong drinking.
In a case where there are reasonable grounds to determine a person, 15:45 on the same day, 15:50 on the same day, 15:57 on the same day, and 15:57 on three occasions on the same day, whether “the person has taken a direct driving of the son.”
“Rest and refused”.
Accordingly, the defendant refused a legitimate police officer's demand for alcohol testing.
2. On November 15, 2017, the Defendant driving a vehicle of approximately 500 meters in volume B Sppppppon in front of the village credit cooperative located in the same Dong-dong from the street near the law exchange elementary school located in Seopo-dong, Seopo-si without a driver’s license at around 14:00 on November 15, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on investigation (report on the situation of the driver in charge) and a list of cases reported under 112;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), 152 subparagraph 1, and 43 (a point of refusing to drive without a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant was punished twice or a fine for a crime of drinking alcohol driving in 2013 and 2016, with the reason of sentencing under Article 62-2 of the Criminal Act, with respect to the observation of protection and order to provide community service and order to attend lectures, and the driver’s license for the motor vehicle driving in 2016.