도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six 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 July 8, 2018, around 06:25, the Defendant sent alcoholic beverages to D hospital located in Kimhae-si C while driving a B-do motor vehicle at the entrance of the 204 Gyeong-si's underground roadway in drinking at the entrance of the 204 Gyeong-si, Kimhae-si.
Since then, the Defendant was driven while under the influence of alcohol, such as smelling the Defendant from the slope F belonging to the E Zone of the Police Station E Team in the emergency room of the above hospital Kim, snishing with red and visual eyeing, causing a traffic accident shocking the central separation unit, etc.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking alcohol by inserting approximately four drinking meters from around 06:59 to around 07:15 on the same day.
Nevertheless, the defendant denied driving facts and avoided them, and did not comply with a police officer's request for measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to any report on internal investigation, investigation report, copy of the register using a drinking-free measuring instrument, and yellow survey report;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the Defendant had no prior record of being punished twice due to drinking driving, and that the Defendant, while under the influence of alcohol, has been driving a motor vehicle without permission, caused a traffic accident subject to centralized separation, and refused to comply with the request by the police officer for a reasonable drinking test by the police officer dispatched after receiving a report.
However, the defendant reflects the wrongness in depth and does not repeat again in the future.
The accident is a single accident, and there was no special damage.
The previous conviction was sentenced to a fine in full.