도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
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 August 6, 2017, the Defendant driven a C-A-D vehicle under the influence of alcohol at approximately 1.6 km section from the roads in front of a mutually unclaimed restaurant located in the Songdong-gu, Daejeon to the roads in front of the Dong department located in the Dong department located in approximately 682 to the roads in front of the Dong department located in the Dong department located in the same direction. On the other hand, the Defendant driven a vehicle under the influence of alcohol, such as under the influence of alcohol, under the influence of alcohol on the three-lanes of the above Dong department in front of the fire department in the Dong department in the same direction. On the other hand, on the same day, the Defendant was driving from the E in front of the Gu department in the Taedong Police Station D-gu, which was dispatched after receiving a report on a vehicle suspected of drinking on the same day at around 03:25.
There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting approximately 35 minutes in a drinking measuring instrument.
그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 총 4회에 걸쳐 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Entry of investigation reports on E preparation;
1. Application of the Acts and subordinate statutes in which an investigation report (Attachment, such as a black stuff image data, etc.) is entered;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It appears that the sentencing of Article 62-2 of the Criminal Act of the Order to Attend is being continued to the extent that it is impossible to memory traffic accidents for the reason of sentencing, taking into account the history of discovery and punishment twice due to drinking driving, etc. after setting up a vehicle on the road.