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
On March 14, 2014, at around 08:03, the Defendant driven a ready-light vehicle on the road without obtaining a driver’s license in front of the Sungyang-gun, Nanyang-gun, Ganyang-gun, and fell into the road. Upon receiving a report on the above contents, the Defendant was unable to comply with a police officer’s demand for a drinking test without justifiable grounds, despite the Defendant’s demand for a drinking test for approximately 23 minutes of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling, sniffing, red-lighting, and a raining, etc. from the slope E belonging to the Fayang Police Station, dispatched to the said scene after receiving the report on the above contents.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on proper launch of drivers, reports on actual state of drivers, and reports on change of status;
1. Article applicable to criminal facts;
(a) Refusal to measure alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of imprisonment;
(b) Operation without a license: Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of imprisonment.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has several criminal records of the same kind and has committed each of the crimes of this case during the period of suspension of execution for the same criminal records, but considering the fact that the defendant reflects his own crime in depth and sells vehicles, and supports the mother of the aged, the punishment against the defendant shall be determined as ordered.