도로교통법위반(음주측정거부)
1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Punishment of the crime
On August 14, 2015, at around 19:28, the Defendant was found to be a slope C of the Gwangju Mine Police Station, who was dispatched after receiving a report from three lanes in front of the second apartment vehicle located in the Docheon-gu, Gwangju, Gwangju, by stopping Benz car at the fourth-lane.
At the time, the defendant was found to have driven while under the influence of alcohol, such as influence and smelling, and was requested by a police officer to take a drinking test, but exceeded 1 km from nearby grass field, and was put to police officers.
Although the Defendant continued to take a drinking test at least three times from 20:25 to 21:05 on the same day, the Defendant expressed a desire to police officers and did not comply with the demand without good cause.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to on-site photographs, on-site drivers' circumstantial statements, investigation reports (on-site exit status, etc.);
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. In light of the reason for sentencing of Article 62-2 of the Social Service Order Criminal Act, the danger of drunk driving and the effectiveness of drinking control, etc., the crime of this case is not good.
Even in 2012, there is a record of being punished by a fine for a violation of the Road Traffic Act.
However, there is no other penalty power except for the above one fine.
The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.