도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
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
On May 10, 2018, the Defendant driven a low-priced car around B on May 10, 2018, and was driving a road front of the sub-defluence distance in the Dong-dong in Kimhae-si, Kimhae-si, and was under control over the circumstances E belonging to the sub-police station D District for the reason that he violated the signal from the long distance in the immediately preceding Kimhae-si, and set the said car.
The Defendant was snickly smelled in the Defendant’s entrance in the course of the crackdown from F on the circumstances belonging to Kimbu Police Station D, and the Defendant was snicking in drinking, and the Defendant was also driving in drinking.
A person who has driven an alcoholic beverage, such as a man, etc.;
Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting approximately 15 minutes into a drinking measuring instrument.
Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver in charge of drinking, notification of the results of crackdown on drinking driving, and application of video-related Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is not good, such as refusing to comply with a police officer's legitimate request for measurement of drinking.
Defendant has a record of being punished for drinking driving.
However, the defendant seems to have an attitude to reflect by recognizing his mistake.
There is no past record of punishment exceeding a fine.
In addition, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in pleadings, such as the age, sex, environment, background leading to the crime, and circumstances after the crime.