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 May 11, 2015, the Defendant driving a motor vehicle at a 2 km section from the copudio front of the copudio in the direction of the safe studio to the Epudio in the same city D, without obtaining a driver’s license, at approximately 2km section from May 11, 2015.
2. The Defendant violated the Road Traffic Act (refluence of measurement) at the time and time set forth in paragraph (1) of this Article: (a) driven a vehicle in front of the above E-owned station; (b) caused an accident of being abandoned by the E-owned station; (c) was accompanied by a police officer belonging to the G District of the Ansan Police Station G District called upon receiving a report of the accident; and (d) was traveling to the G District of the E-owned Police Station in the E-owned Station in the E-owned Station in the E-owned Station in the E-owned Zone from May 11, 2015 to 05:21; and (c) was found to have been driven while under the influence of alcohol by a police officer, such as smelling an snick I from the above G District to 05:21 on May 11, 2015.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on de facto statements of drivers;
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 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;
1. Circumstances favorable to the reasons for sentencing in Article 62-2 of the Criminal Act: serious reflectiveness, and hardening to avoid repeating a crime, and circumstances in which ties between family members are certain and disadvantageous to them: a history of drinking driving up to three times.