도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 24, 2018, around 00:02, the Defendant driven a D Blue-ri vehicle on the front of C in front of C at the Sejong-si, and was exposed to the Assistant F in the Slue Police Station E boxes belonging to the Slue Police Station, where he was seated on the road, and was seated.
At the time, the defendant was sitting in a driver's seat while crossing a red horse, and the defendant was arrested as a current offender by F that he was found to have been suspected of driving alcohol, such as failing to disclose his identification, even though he was found to have been under the influence of alcohol due to the influence of alcohol, and was taken into custody to E-sprink in the Sejong Police Station. On the same day from 00:29 to 00:47 on the same day, the defendant requested the police officer to comply with the measurement of drinking alcohol without justifiable grounds. However, the defendant did not comply with the police officer's request for the measurement of drinking alcohol without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on a traffic accident, a survey report on actual condition, and a report on the occurrence of a traffic accident;
1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. Investigation report (as to the suspect's behavior)
1. Application of statutes on field photographs;
1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 148-2(1)2 and 44(2) of the same Act regarding criminal facts; the choice of imprisonment with labor
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The defendant's crime of sentencing with the reason of sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures has occurred after an accident of falling wheels due to shock of road bridge while driving a vehicle, and drinking alcohol to the defendant;
The police officer's demand for the measurement of drinking is refused because there are reasonable grounds to determine the person.
The driving of drinking is in danger of not only the defendant himself but also other drivers.