도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
Punishment of the crime
1. On January 20, 2018, the Defendant is driving a DNA observer that was parked under the influence of alcohol on the roads front of the C Hospital, and the Defendant is driving a DNA observer that was parked under the influence of alcohol around the C Hospital, around 23:13, 2018.
After being discovered by causing a traffic accident that contacts the upper part of the left side of the parked E-rayed vehicle, it was demanded to respond to the drinking test by inserting the breath in a manner of inserting the breath in three times from 23:29 to 23:49 on the same day on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as snick G with the F Zone G of the Goyang-gu Police Station, snicking, snicking, red, and drinking.
Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.
2. The Defendant expressed the intent to offer a bribe in relation to the duties of police officers by presenting two 50,000 won in cash on the left side money to the effect that he requested the Defendant to present his identification card at the place as stated in paragraph (1) at the date and time, and that the said slope G, who controlled the drinking driving of the Defendant, demanded the Defendant to present his identification card.
Summary of Evidence
1. The actual condition survey report;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and the ledger of use of a drinking measuring instrument;
1. Application of the Acts and subordinate statutes to photographs of the scene of the accident, and photographs taken by police officers on site;
1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 218); Article 133(1) of the Criminal Act; Articles 133(1) of the Criminal Act; Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (amended by Act No. 15530, Mar
1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the heavier penalty for concurrent crimes with the punishment determined for the crime of offering of a bribe which is concurrent crimes, but the lower limit of the punishment shall be the violation of the Road Traffic Act (the crime of refusing the measurement of alcoholic beverages);