도로교통법위반(음주측정거부)
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 became final and conclusive.
Punishment of the crime
On September 28, 2016, at around 00:40, the Defendant was required to comply with the alcohol level measurement by inserting alcohol into a drinking measuring instrument over about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling on the Defendant’s face, and making a stop at a place and locked at the driver’s seat, while driving the E rocketing car in the state of drinking, Co., Ltd. under the influence of alcohol, the Defendant was in compliance with the alcohol level measurement by inserting alcohol into a drinking measuring instrument over 30 minutes.
Nevertheless, the defendant alleged that there is no means to drive a vehicle, and did not comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial report of a drinking driver (including the status of measurement of drinking drivers);
1. Application of Acts and subordinate statutes to photographs and photographs of each site;
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) include: (a) the Defendant has already been punished twice for drunk driving; (b) the police officer’s failure to comply with a police officer’s request for drinking alcohol measurement without any justifiable reason; (c) the Defendant repents his mistake; and (d) the Defendant has no other force to be punished heavier than three times for a fine; and (d) the Defendant has no other force to be favorable to the Defendant, taking into