도로교통법위반(음주측정거부)등
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
1. On June 3, 2017, the Defendant: (a) driven a B-type cargo vehicle within approximately 100 meters from the front of the comprehensive playground parking lot located in Gangseo-si, Gangnam-si to the front of the same time at the same time, from around 19:15 on June 3, 2017, without obtaining a driver’s license.
2. On June 3, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) by driving a B cab in the comprehensive distance of the playground at the 4th place located in the Gangseo-si repair frame of Gangnam-si, and was under the influence of alcohol by violating the signal, while driving the B cab, and during that process, the Defendant was under the influence of alcohol, such as making the Defendant snickly snicking and snicking on the face.
There are reasonable grounds to recognize D’s contact, and was demanded to comply with the measurement of drinking alcohol by inserting it into four occasions at around 19:23 1, 19:29 around the same day, around 2, 19:38 , around 3, 19:4 , and around 19:44.
Nevertheless, the Defendant refused to comply with the demand for alcohol testing by police officers without any justifiable reason by resisting why he is why he should control, and by failing to comply with the measurement of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to photographic Acts and subordinate statutes by notifying the results of regulating the driving of alcohol, making a statement on the situation of the driver under the influence of alcohol, making an investigation report (report on the situation of the driver under the influence of alcohol), the driver's license register
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;
1. Article 62(1) of the Criminal Act (the records of crimes, etc.)