도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not more than ten 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
The Defendant is driving B cargo while drinking alcohol on January 6, 2014 at around 18:17.
In the middle of the YY YY, the car was stopped and locked down on the driver's seat at the time of the racing.
The Defendant received a report, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as moving a breath, moving a light on the face, etc., and was demanded from around 18:39 of the same day to respond to the measurement of drinking for about 30 minutes at a police box from around 18:39 to four minutes.
Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided it, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Application of Acts and subordinate statutes, such as a report on detection of drivers, a copy of the notice of completion of correction, a report on driving under the influence of alcohol, a copy of the usage register of a drinkator, an investigation report, an investigation report, an automobile driving certificate, the ledger of vehicle driving licenses, and the ledger of vehicle driving licenses
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 judgment is delivered with the order, taking into account the necessity for punishing the instant crime, the accused has been sentenced to a fine several times due to drinking driving in the past, the confession and reflect of the offense, and other various sentencing conditions that can be known through the recording and pleading, such as the accused’s age, happiness, family environment, and circumstances after driving in the past.