도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for six 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 August 20, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle from around 20:32 to around 21:40, the Defendant driven a vehicle from the frame in front of the office located in the Suwon-si motion picture-dong in Suwon-si to around 505-3 of the same Gu transmission bamboo-dong, without obtaining a driver’s license.
2. On August 20, 2012, the Defendant violated the Road Traffic Act (refluence of the noise measurement) was demanded to comply with the alcohol measurement by inserting the emergency lights, etc. of the above Aburged vehicle from the border E belonging to the D Zone, while the Defendant was driving on three lanes of the 505-3nd line of the 6nd line of the Songburg-gu Suwon-gu Suwon-si, Suwon-si, Suwon-gu, Suwon-si, and was locked on the driver’s seat. The face is fluor, and the vehicle and the burg are opened on the burg, and there are reasonable grounds to recognize the Defendant as driving the said vehicle while under the influence of alcohol, such as the vehicle and the burg are suspended during the operation of the vehicle and so on, three minutes or more between the 20 minutes.
Nevertheless, the defendant alleged that he did not drive a drunk, and the defendant did not comply with the request of a police officer for a drinking test by avoiding it.
Summary of Evidence
1. Statements made by the accused in part of the second protocol of the trial (statements made to the effect that they are sitting and divingd in a vehicle at the time and place specified in paragraph (2) at the time and place on the board that they are under drinking control by the police);
1. Each legal statement of F, G, H, and I;
1. Each protocol of suspect examination of the accused by the police;
1. Application of Acts and subordinate statutes to each investigation report, report on detection of a host driver, field photo, ledger of driver's license, report on internal investigation (verification of an agent), telephone details (No. 1 through 5, 9, 10, 11, 17 on the evidence list);
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (the occupation of refusing to measure noise and the choice of imprisonment), and subparagraphs 1 and 43 of Article 152 of the same Act (the occupation of driving without a license and the choice of imprisonment);
1. Aggravation for concurrent crimes;