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 of the final judgment.
Punishment of the crime
On August 1, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violation of the Road Traffic Act at the Ulsan District Court on August 1, 2008, and on March 30, 2009, issued a summary order of one million won for the same crime at the Busan District Court on March 30, 2009, and on December 8, 201, the Defendant was sentenced to six months of imprisonment with labor for the same crime at the Ulsan District Court on December 8, 201 and three times of imprisonment with labor for the same kind.
1. On November 23, 2011, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a 5-meter motor vehicle without any license on January 26, 201, at around 09:40 on January 26, 2014, BA-purd motor vehicle prior to the D cafeteria located in Busan Dong-gu, Busan.
2. On January 26, 2014, at around 10:15, the Defendant violated the Road Traffic Act (refluence of the noise measurement). On January 26, 2014, at around 20:15, the Defendant was demanded to comply with the alcohol testing method by inserting approximately 20 minutes of alcohol measuring instruments in consideration of the following: (a) there were reasonable grounds to recognize that the Defendant was driven under the influence of alcohol in light of the fact that he stated that G was driven by the said restaurant parking management personnel G from the slope F of the Busan East Police Station Epia, which belongs to the Busan East Police Station Epia, and that the Defendant’s scambling and scambling of the Defendant’s body and scambling of the body.
Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. G statements;
1. The register of driver's licenses and report on detection of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records;
1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) (a point of non-compliance with the measurement of alcoholic beverages), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the combined penal term);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (which include circumstances to be considered in relation to criminal administration);
1. Article 62(1) of the Criminal Act: