도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for six 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. On July 10, 2017, the Defendant was driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant, in an inaccurate, red-lighting on the face of the police box belonging to the police box of the Highyang Police Station Emb, while driving a DNA car on the front of the restaurant located in Seoyang-gu Seoul Metropolitan City B, Seoyang-gu, Seoyang-gu, Seoul.
Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 14 minutes into a drinking measuring instrument.
그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하면서 “ 나는 음주 측정을 하지 않겠다.
The phrase "does not respond to a police officer's request for alcohol testing without good cause."
2. The Defendant violated the Road Traffic Act (unlicensed driving) driving a DNA car without obtaining a driver’s license, at the time and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. G statements;
1. A copy of the report on detection of the primary driver and the report on detection of the primary driver;
1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;
1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);
1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s record of regulating drinking prior to the instant case, and the sentencing indicated in the record of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.