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. On December 22, 2018, the Defendant was required to respond to the measurement of alcohol by inserting alcohol measuring instruments over about 20 minutes on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking, smelling, sniffing, sniffing on the face of the D District Unit of the Permanent Police Station while driving a Cren car on the road B before residing at around 22:50 on December 22, 2018.
Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a Crens car without obtaining a driver’s license within about 4 km section from the front of the G pharmacy in F at the time of stay at the time specified in paragraph 1 to the front of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Investigation report (report on the circumstances of an immigration driver);
1. Application of the statutes on the register of driver's licenses;
1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Selection of each sentence of imprisonment;
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 on the suspension of execution (including the violation of laws and regulations, and the absence of a previous conviction or heavier for the suspension of execution);
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;