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 of the final judgment.
Punishment of the crime
1. Around 02:00 on April 23, 2013, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to comply with a drinking test in a manner of inserting the breathm between approximately 30 minutes in the form of a drinking measuring instrument, i.e., taking a breath of the driver’s 112 report that the driver was locked, while driving a baldia4 vehicle at the one-lane of the 4-lane of the distance distance of new Articles via the Trith Trithic Trithic Trithic Trithic Trithic Trithic in Sungnam-si, Sungnam-si.
Nevertheless, the defendant should shut down his door. The defendant's refusal to comply with a police officer's request for a drinking test without good cause by resisting to see, "I will not revoke his match for a long time."
2. The Defendant violated the Road Traffic Act (unlicensed driving) at the above date and time, driving the said AridiA4 vehicle without obtaining a driver’s license at approximately 15 km section from the front of the main station in the vicinity of Gangnam-gu Seoul Gangnam-gu to the foregoing illegal third-distance intersection.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes governing the license inquiry, such as circumstantial statements, on-site photographs, etc. to the drinking driver;
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 punishment for a crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is against the defendant, but the defendant was punished three times due to drunk driving, and the last crime was committed in 2012.