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 March 15, 2019, at around 19:30, the Defendant violated the Road Traffic Act (refluence of the noise measurement). On March 15, 2019, at around 19:30, the Defendant: (a) was under the influence of alcohol in the 1089 by driving a B-to-faced vehicle at the B-to-faced vehicle on the B-to-face 1089; (b) there is reasonable ground to believe that the Defendant was driven under the influence of alcohol, such as ina incorrect and brea on the face that the Defendant was under the influence of alcohol from the police box of the Yecheon Police Station C, who was dispatched upon receipt of the report, to the extent that it would be difficult for the Defendant to communicate in a normal way; and (c) on the same day, the Defendant rejected the demand to comply with the alcohol measurement
2. At around 20:30 on the same day, the Defendant damaged public goods at the same place, as above, and was able to take a drinking test by a police officer, and was able to walk the 112 patrol police box (E) of the 112 patrol police box that was parked adjacent to the road, thereby damaging to the extent of KRW 106,150, the repair cost of the vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. A report on the actual state of the driver;
1. Investigation report (Report on the status of an employee);
1. Photographs of damaged articles;
1. Application of written estimates (E) Acts and subordinate statutes;
1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 141 (1) of the Criminal Act for a crime
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the cases where a person commits an error, the amount of damage from a traffic accident is 100,000 won, the amount of damage to public goods is minor to 106,150 won, and the amount of damage to public goods is minor to 700,000 won, and there is no previous violation
1. Article 62-2 of the Criminal Act to provide community service or attend lectures;