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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 2, 2018, the Defendant: (a) driven a Blux car on the street in front of the building in 2018, a 53-lane 19 (on the west-dong) ponon-ro, Sungnam-si, Sungnam-si; (b) driven a drinking vehicle on April 2, 2018.
It was controlled by W, etc. of the branch police station C District of the branch police station, which was dispatched after receiving a report of 112, called “Bregrad Da,” by the police officer D.
The defendant was driving under the influence of alcohol, such as snicking, influoring, and influoring, little influoring.
In a case where there are reasonable grounds to determine a person, even though the police officer requested that the person comply with the measurement of alcohol by inserting it into a drinking measuring instrument three times from 03:07 to 03:18 on the same day on the same day, the person who is subject to the fourth control at this time.
E. Preamble decilates
will not be measured.
"A police officer did not comply with a police officer's request for a measurement of drinking without good cause."
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. A copy of the ledger using a drinking measuring instrument, and the application of statutes on drinking stickers;
1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentence identical to the order shall be determined by comprehensively taking into account the following factors: (a) even though the person had been able to drive drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, he/she again leads to the instant crime even if he/she had the record of driving drinking alcohol; (b) the confession and reflect are made; (c) there is no record of exceeding the fine; and (d) the Defendant’s age, occupation, sex, sex