도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Criminal facts
On July 22, 2017, the Defendant: (a) driven a Dcom-sports motor vehicle at approximately 600 meters away from the 46th day of Ulsan-gu, Ulsan-gu, Ulsan-gu, the 46th day of July, 2017, to the front day of the 13th day of the same calendar month; (b) driven under the influence of alcohol by, for instance, the Defendant, from the head F of the police box belonging to the Ulsan-gu Police Station Emba, which was dispatched upon receipt of a witness’s report, by driving the motor vehicle at around 60 meters of the 13th day of the same month, to the front day of the 46th day of the same month.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately twenty minutes into a drinking measuring instrument.
Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers using the drinking-free measuring instruments, reports on the circumstances of drivers of drinking, and reports on the results of regulating the driving of drinking;
1. Application of the Act and subordinate statutes to investigation reports (as to the statements of a reporter and witness);
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on May 17, 2010 for the protection and observation, community service, and order to attend a lecture is that the defendant was sentenced to a suspended sentence of imprisonment on October 7, 2010 due to a violation of the Road Traffic Act (driving) on May 17, 2010, a violation of the Road Traffic Act (driving without a license), a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving) in 2012, a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a violation of the suspended sentence of imprisonment for a crime of aiding and abetting the person to the extent that the person is unable to properly take the body, and thus refusing to take a drinking test and thus, is highly likely to repeat the crime of drinking. If the defendant was measured at least 0.05% of alcohol in response to the measurement of drinking normally, this would be "the driver under influence of drinking.