도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not less than one year and six 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
[2014 Highest635] Defendant,
1. 2014. 1. 8. 16:45경 아산시 E에 있는 F 앞 도로에서 G 체어맨 승용차를 운전하던 중 아산경찰서 H지구대 소속 경사 I으로부터 피고인에게서 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 30분간에 걸쳐 음주측정기에 입김을 불어 넣은 방법으로 음주측정에 응할 것을 요구 받았음에도, 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였고,
2. On the one hand, the owner of a passenger car in the Pungdong in the same temporary Asan City without obtaining a driver's license from the front road of the apartment commercial building to the above place.
[2014 Highest 1031] Defendant,
1. On June 12, 2014, around 13:55, while driving a Lbbyf car on the front of K in the front of the Asia-siJ, the police officer failed to comply with the request for a measurement of alcohol by a police officer, without justifiable grounds, even though there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and smelling on the face by the defendant from M in the circumstances belonging to the H District Unit of the ASEAN Police Station in the ASEAN Police Station, while driving the Lbbyf car on the front of K, which is located in the Asia-siJ of the Asia-si.
2. From the NN in J of the Asia-si at the above temporary border to the K ahead of the road located in the same Dong, the car driver was driven without obtaining a driver’s license.
Summary of Evidence
[2014 Highest 635]
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. The actual condition survey report, on-site photographs, the report on the circumstantial statement of a master driver, and the disqualified council of the main office [2014 high group 1031];
1. Defendant's legal statement;
1. Statement of the prosecution and the police interrogation of the accused;
1. To respond to the results of the drinking control;