도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
1. On September 3, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), driving a Flish vehicle on the front side of E in Jinjin-gu, Seoul Special Self-Governing City on September 13:20, 201, while leaving a vehicle on the left-hand left-hand road, and obstructed the traffic, such as leaving the vehicle on the left-hand road. The Defendant driven under the influence of alcohol, such as drinking and smelling the Defendant from a slope H affiliated with the G police box of the former Jindong Police Station, who called for after receiving a 112 report from witnesses, while under the influence of alcohol.
Despite the fact that there are reasonable grounds to determine a person, the police officer did not comply with a request for the measurement of drinking without justifiable grounds, even though he/she was requested to respond to the measurement of drinking by inserting the whole 30 minutes of drinking.
2. Violation of the Road Traffic Act (Non-licenseless Driving) Defendant 1 driven the above 2 km car without a driver’s license on the road from approximately 2 km to the front road located in Jinjin-gu, Seoul Special Metropolitan City at the time and time set forth in the above paragraph 1 to the front road located in D.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. Notification of the results of regulating drinking driving;
1. Selection of each sentence of imprisonment with prison labor under Articles 148-2 (1) 2, 44 (2), 152 subparagraph 1, and 43 of the Road Traffic Act concerning the facts constituting an offense subject to the application of Acts and subordinate statutes to the ledger of driver's licenses;
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. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment have already been punished several times due to driving under drinking, as well as various circumstances such as the defendant's age, occupation, living environment, and control situation at the time of driving under drinking, even though he/she was in the period of probation at the time of driving under the instant case;