도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six 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 April 3, 2013, at around 00:25, the Defendant was waiting for a signal while operating a car in front of the YCA New Cooperative, Seo-gu, Gwangju, and was dispatched to the scene after receiving a report on a drunk driving vehicle, and was inspected by C District Work Assistant D.
At the time, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol under the influence of alcohol, such as drinking, drinking, drinking, snicking, drinking, drinking, and walking in the face of the Defendant at the time, the Defendant was demanded to take a drinking test by inserting the drinking measuring instrument three times for about 00:53, 01:05, and 01:15 of the same day from the above slope D, but did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
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 under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order to Attending, even though the defendant had been punished by a fine due to the crime of drunk driving in the past (other than that, the defendant was punished by a fine due to an act of driving without a license), did not comply with the measurement of drinking conducted without any justifiable reason for the reason that the defendant was found to have driven his/her motor vehicle in the state of drinking again. At the time of the alcohol measurement as above, the defendant was arrested as a flagrant offender by taking an action such as abusiveing the police officer who performed his/her official duties or smuggling his/her chest, etc.