도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Criminal facts
On November 19, 2017, 02:20, the Defendant driven a Dworka car in the front of the waterline C in the form of drinking on the waterline C, and then driven under the influence of alcohol by “the Defendant is under the influence of alcohol, while under the influence of alcohol, and the glass of the vehicle”, upon receiving a report from 112, the Defendant driven the Defendant under the influence of alcohol by drinking alcohol from the slopeF affiliated with the police box of the Suwon-gu Police Station in the Suwon-gu, Suwon-gu, Police Station, where he was dispatched to the site after receiving a report.
There was a reasonable reason to determine a seal, and it was demanded from around 02:47 to around 03:03 to respond to the measurement of alcohol by inserting approximately 16 minutes during a period between approximately 16 minutes.
Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;
1. Application of statutes, such as site photographs;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
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 Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), the criminal act of this case does not cause personal and material damage to the person due to the crime of this case, there is no record of criminal punishment