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 this judgment becomes final and conclusive.
Punishment of the crime
1. On August 4, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant, sniffly, smelling at the front of the erothic community center, using drinking alcohol in front of the ethic ethic ethic ethic center; and (b) driving a motor vehicle under the influence of alcohol, by driving a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant, smelling on the front of the ethic ethic ethic ethic ethic ethic ethic ethic ethic
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately twenty minutes into a drinking measuring instrument.
Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole in a drinking measuring instrument, and failed to comply with it without justifiable grounds.
2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B rocketing car.
The Defendant operated the said rocketing car at the same time and place as the preceding paragraph, which was not covered by mandatory insurance, as in the preceding paragraph.
Summary of Evidence
Application of Acts and subordinate statutes governing mandatory insurance to Defendant’s legal statement of the State driver
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (a point of operating automobiles which are not mandatory insurance), 148-2 (1) 2 and 44-2 (2) 2 of the Guarantee of Automobile Accident Compensation Act/ Selection of imprisonment with prison labor;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 53 and Article 55 (1) 3 of the Criminal Act (with respect to traffic crimes, no one has been sentenced to a suspended sentence or heavier punishment and considering that one has been repented for traffic crimes, etc.);
4. Article 62 (1) of the Criminal Act on the suspension of execution.
5. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;