도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On August 15, 2016, the Defendant, at around 20:15, was found to have driven CM520 vehicles under the influence of alcohol, on the road at a point of 145 km in Busan located in the central expressway located in the Sin-gun, Gunn-gun, Sin-gun, Sin-Gunn-si, Sin-do on August 15, 2016, and on the road at a point of 145 km in the entrance, the Defendant was found to have driven CM520 vehicles under the influence of alcohol, such as influence of drinking and drinking on the face, and the Defendant did not comply with the request without justifiable grounds, even though he/she was required from E to comply with the drinking measurement on the same day by around 20:22 of the same day, around 20:32 of the same day, and around 20:52 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Application of Acts and subordinate statutes to investigation reports (involving any measurement);
1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is against the defendant's crime committed late later and under economic difficult circumstances. However, in light of the unfavorable circumstances such as the fact that the defendant has already been punished three times as a suspended sentence for the same kind of crime, and that according to the defendant's speech and behavior or walking condition at the time of the crime of this case, it is inevitable to sentence a sentence to the defendant, in light of the above unfavorable circumstances, such as the fact that the defendant is deemed to have been under the influence of alcohol.
In addition, the defendant's age, character and conduct, intelligence and environment, motive, means and result of the crime, circumstances after the crime, etc. shall be determined as per the disposition in consideration of various sentencing factors as shown in the arguments in this case.