도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not less than eight 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
1. Violation of the Road Traffic Act (Refusal of measurement) on September 5, 2013, the Defendant driven a motor vehicle under the influence of alcohol on the front of the “large laundry site,” which is located in the Geum-dong, Young-si, Seocho-si, and received a report from the driver and was dispatched to the driver, and there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of drinking, such as smelling at the seat of the police station B, as well as the police officers dispatched after receiving a report on the driver’s seat, and did not comply with the demand of the police officer for the measurement of drinking by 30 minutes from the police officer to 30 minutes.
2. Around 05:00 on September 5, 2013, the Defendant was driving a crash vehicle without obtaining a driver’s license from a lux loan parking lot located in the Geum-dong, Simpo-si, Seocho-si, Gangwon-si to the front road of the 50m section of the crash drive without obtaining a driver’s license from around 05:03 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement in the circumstances of an employee;
1. Photographs related to refusal to measure drinking;
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant acknowledges and reflects the crime, and the short driving distance);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;