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 becomes final and conclusive.
Punishment of the crime
On February 12, 2018, the Defendant was under the influence of alcohol in an inaccurate manner with the Defendant’s smelling and smelling from E, the developments leading to the king Police Station D D, while driving the C Haststa car on the roads of 16,000 Gocheon-ro, 12:19, the Defendant was under the influence of alcohol, while driving the C Hasta car on the roads of 16,000 Gocheon-si.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.
그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police with regard to F;
1. 2. 12. A photograph refusing to measure drinking;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. A report on the detection of a primary driver;
1. Application of Acts and subordinate statutes to the ledger of use of each drinking measuring instrument;
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 stay of execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that a person has been sentenced to a fine due to drinking, but has not been sentenced to imprisonment or heavier punishment due to the same crime, a person has been sentenced to a fine for the same crime, a relatively old crime
1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;