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. Around October 21, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement) and reported the fact that the D driver was in front of the “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, on the street, around 09:31, the Defendant heard the reporter’s statement and confirmed the conditions of the Defendant’s driving through field CCTV.
Meanwhile, there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling, drinking, and breathing, in the Defendant’s entrance, and breathing, etc., the Defendant failed to comply with the request of the Defendant for a breath test of alcohol on a total of 4 minutes from October 21, 2018 to around 09:31 to 09:46, but the Defendant failed to comply with the request without justifiable grounds.
2. Around 06:50 on October 21, 2018, the Defendant driven a ecoo vehicle without obtaining a driver’s license from approximately 4 km section from the JJ road in Bupyeong-gu, Incheon to the road specified in paragraph (1) of the same Article.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Control note;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to investigation reports;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Considering circumstances, such as the fact that he/she reflects the punishment and has no criminal record of imprisonment without prison labor or heavier punishment);
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. Probation and community service order under Article 62-2 of the Criminal Act;