도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On March 10, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) around 20:30, the Defendant driven a DV car without a driver’s license from the front of the Defendant’s home located in Gunsan-si, to the front of the “friendly-gu,” and at around 2:20 on the same day, from the front of the said head office to the front of the said Defendant’s home, and from the rear 14km road without a driver’s license.
2. Around 22:20 March 10, 2015, the Defendant was driving the said car in front of the Nasan Cultural Center for the Gamba, which was located in 512 Simsan-si, Dosan-si, Dosan-si, with a Dogggggggg, and the Defendant was forced to undergo a crackdown on the drinking operation from F for the guard of the Dogsan Police Station Emba, which was reported 112 on the roads in front of the Dogsan-gun, the airport was located in the 422th Airport.
At around 23:25 on the same day, the defendant was requested to respond to a drinking test by inserting approximately 20 minutes in a drinking measuring instrument three times in the manner of drinking, on the grounds that there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol from the above F, in which the defendant's car was stringed by the defendant, such as stringing red and snow, and hinginging off, etc., and did not comply with it.
Accordingly, the defendant did not respond to a request for a sobreath test by a police officer, who has a reasonable reason to recognize that he was driving a motor vehicle while drunk.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. A H statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Application of each statute on photographs;
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;
1. The Criminal Act among concurrent crimes.