도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
If the defendant fails to pay the above fine, 50.
Punishment of the crime
1. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant is driving C Obabaon on August 3, 2013 on the roads adjacent to the cambaba on the cambabaon-dong cambababa around 20:0
The accident was caused by road dystrokes.
At the time, there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as smelling, snicking, snicking on face, etc., and the Yangsansan Police Station Diplomatic Inspector E sent out after receiving an accident report was demanded from 13:55 to 14:31 on the same day to respond to the drinking measurement by inserting approximately four minutes from 13:5 to 36 minutes in the G Hospital emergency room in the same city.
Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.
2. Around 13:20 on August 3, 2013, the Defendant: (a) driven a c-to-beb in a section of approximately 100 meters away from the Do in Busan-si, Samho-dong, Ho-dong, B-do to the above Mat-do road; and (b) driven a c-to-beb without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident occurrence report;
1. Report on the circumstantial statement of the driver and report on the detection of the driver;
1. A photograph refusing to measure drinking;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes on accident-related photographs;
1. Relevant Article of the Act on the Crime and subparagraph 2 of Article 148-2, Article 44 (2) of the Road Traffic Act that selects the punishment for a crime (the occupation of refusing to measure the noise level and the choice of imprisonment), subparagraph 2 of Article 154 and Article 43 of the same Act (the occupation of driving without a license);
1. From among concurrent crimes, the punishment of imprisonment provided for in the former part of Article 37, Article 38 (1) 3, and Article 50 of the Criminal Act (Concurrent punishment of fines provided for in the Road Traffic Act and the crimes of violation of the Road Traffic Act);
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant under Article 62 (1) of the Criminal Act is the case of this case.