도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 20, 2016, the Defendant caused a traffic accident on October 20, 2016, and was voluntarily accompanied to the office B of the Police Station in Ulsan-gu, Ulsan-ro 35, Ulsan-do.
At around 22:51, the Defendant driven, while under the influence of alcohol, such as smelling and smelling the Defendant from a slope C belonging to B, snicking red in the face, snicking snow, etc.
There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.
However, the defendant continued to avoid this, and did not comply with a police officer's demand for alcohol testing without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver;
1. Application of the Act and subordinate statutes of the investigative report (No. 17 lists of evidence);
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, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);
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 (see, e.g., Supreme Court Decisions 201Do111, Feb. 1, 201