도로교통법위반(음주측정거부)등
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 of the final judgment.
Punishment of the crime
1. Around 18:00 on May 4, 2014, the Defendant was demanded to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for about 30 minutes, on the front of the Simn-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do-ri-ri-ri-ri-ri-ri-ri-do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-
Nevertheless, the Defendant did not put breath in a drinking measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable reason.
2. No automobile shall be operated on a road which has not been subscribed for mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act;
Nevertheless, the defendant operated C Poter cargo vehicles owned by the defendant at the same time and place as the statement in Paragraph 1.
Summary of Evidence
1. Partial statement of the accused, and report on the arrest of a flagrant offender in violation of the Road Traffic Act;
1. Notification of the control of drinking driving;
1. The circumstantial statement of the employee;
1. A report on investigation (cases concerning refusal of measurement) and a report on investigation (cases of photographing);
1. Application of Acts and subordinate statutes of Part III (C) to a mandatory insurance policy officer (C) and a joint inquiry of the Insurance Development Institute;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure sound), Article 46 (2) of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., partial confession of and reflect on the instant crime, the fact that the war veteran is a war veteran, the age, family environment, health conditions, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Social services;