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 6, 2018, the Defendant discovered a police vehicle that was making patrol while driving a ES5 vehicle while drinking alcohol from a substation located in Pyeongtaek-si to the shooting distance before the police box located in Pyeongtaek-si. < Amended by Presidential Decree No. 20134, Apr. 6, 2018>
Accordingly, the Defendant was driving under the influence of alcohol, such as a sloping F with the slope F of the D Police Station affiliated with the D Police Station and a snick G with the Defendant, a snicking light on the face, and a snicking light, and a snicking distance, after stopping the above vehicle on the roadside of the nearby road.
Even though there are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting the whole breath of a drinking measuring instrument over about 30 minutes, it was refused to comply with a police officer's request for the measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the detailed statement report on the situation of the driver placed in the main place and the Acts and subordinate statutes governing the vehicle photograph;
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment with prison labor chosen;
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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.
- There has been a history of being punished for the same kind of crime, provided that the defendant does not cause other traffic accidents due to the driving of the drinking of this case. - The defendant supports his children living alone and is against his mistake.