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 became final and conclusive.
Punishment of the crime
On February 19, 2019, the Defendant driven BS5 car on February 02:30, 2019, while driving the same road in front of the Dong-dong, Southern-gu, Busan, Busan, the Busan, the Police Station of the Busan, which was under the influence of drinking control, demanded the Defendant to put the hiddenly into a simplified drinking-free machine. As a result, the Defendant was found to have a drinking-free act.
As above, there are reasonable grounds to suspect that the Defendant had driven alcohol by drinking alcohol, such as drinking alcohol, smelling in the entrance, walking, walking walking, etc., the Defendant did not comply with the demand for a measurement of drinking alcohol without justifiable grounds while holding that the Defendant was required to comply with a measurement of drinking alcohol by inserting the breath during four times in total of four times at around 03:04 on the same day, around 03:04, around two times, around 03:09, around three times, around 03:14, around three times, and around 03:19.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. The circumstantial report and investigation report of the employee concerned (the circumstantial report of the employee concerned);
1. A investigation report (suspect A);
1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;
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. The reason for sentencing under Article 62(1) of the Criminal Act refers to the fact that the defendant was punished once a drunk driver in 2018, and the reason and process leading to the instant crime, the age, character and conduct, environment, etc. of the defendant shall be determined as indicated in the disposition.