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 00:41 on January 4, 2014, the Defendant was driving a B-learning car under the influence of drinking alcohol in front of the Central Market Authority 38 at the same time in the East Sea.
Since there are reasonable grounds to recognize that a slope D belonging to the Dong Sea Police Station C District was driven under the influence of alcohol, such as smelling in the Defendant’s entrance, drinking, a string distance, and a heavy snow, it was demanded from 01:02 to 01:32 on the same day to respond to the measurement of alcohol by inserting the Defendant in a manner of injecting the whole breath for three times from the above street to 01:32.
Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.
2. Around 00:41 on January 4, 2013, the Defendant insultd the victim publicly by openly citing that “A police officer, E, F, D, and 112 reported taxi drivers, who were dispatched after receiving 112 reports on the street as indicated in paragraph (1), are hearing the case for the same reason as Paragraph (1) and the background leading up to the C District of the East Sea Police Station in the East Sea Police Station, and the victim, the victim, “A public official’s moss, such as kis, spaws, and spaws, and spatis,” and “A public official’s mos, spaws, and spatis.”
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of G and H;
1. Application of Acts and subordinate statutes of E;
1. Relevant Article of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 31 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;
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 (the following favorable circumstances among the reasons for sentencing) Articles 53 and 55 (1) 3 of the Criminal Act;
1. Article 62 (1) of the Criminal Act, which is favorable to the reasons for suspended execution (hereinafter referred to as the following factors);
1. Probation and the reasons for sentencing under Article 62-2 of the Criminal Act are two times due to drinking driving, etc.