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
[criminal history] On November 15, 2013, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Daegu District Court racing support, other than a summary order of KRW 5 million for a violation of the Road Traffic Act, five times more. On April 5, 2017, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (non-licenseless driving) on the same support, other than those subject to a summary order of KRW 3 million for a violation of the Road Traffic Act (non-licenseless driving).
[Criminal facts]
1. On May 3, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driving a rocketing cargo vehicle on the road front of the church parking lot in front of Negrgr, while driving under the influence of alcohol, such as the blood color of the Defendant, red and walking distance, etc.
Despite the fact that there are reasonable grounds to determine a seal, the police officer’s request for the measurement of drinking alcohol was refused without justifiable grounds, despite the receipt of a request from the police officer D, the police officer of the racing police station C, and the police officer for the measurement of drinking alcohol by inserting the 15 minutes of a drinking measuring instrument four times from E.
Accordingly, the defendant did not comply with a police officer's request for measurement of drinking without any justifiable reason.
2. On May 3, 201, the Defendant, at around 20:01, driven a Brocketing truck without obtaining a driver’s license from around 20 meters from around 9:01 to around the front of the church parking lot, while having been on the same road from around 9:01 to around 9:0 of the Gyeong-si-si, Young-si, the front line of the train.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Notification of the results of regulating drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, the choice of punishment, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.