도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On November 21, 2016, the Defendant was parked at a place while driving a motor vehicle with Fgallon with drinking alcohol in the E parking lot located in racing D on November 21, 2016.
G Car was shocked.
In this regard, the police officer of the police station of the Gyeongbuk-si Police Station, who was called for this, was driven under the influence of alcohol, such as a large distance of walking and a large red light.
There are reasonable grounds to determine a seal, and the same day from 10:02 to 10:32 of the same day was demanded to respond to the measurement of drinking alcohol by inserting the whole breath in four times between 10:02 to 10:32.
Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.
2. On November 21, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle for a gallon with no driver’s license from the Defendant’s house located in the racingJ to the place indicated in the preceding port at approximately 5 km. The Defendant driven the vehicle for a gallon with no driver’s license without obtaining a driver’s license from the Defendant’s house located in the racingJ.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the scene of the accident, report on the statement of the driver in the circumstances of the driver in charge of driving, report on the results of the drinking control, report on the use of a drinking measuring instrument, confirmation letter (A), on-site photographs, internal report (A), driver's license register (A), investigation report (verification of CCTV at the accident scene and attachment of photographs), application of CCTV-related Acts
1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2, 44 (2), and 152 (Selection of Imprisonment) of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (the fact that the criminal defendant has actually repented his/her mistake, and there is no record of punishment exceeding a fine for about 30 years.