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 12, 2013, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of the alcohol measuring instrument in the manner that the Defendant was under the influence of alcohol, such as the Defendant, who driven a Croper vehicle owned by the Defendant on the road B prior to Sinung-si, and smelling, snife, snife, snife, snife, snife, and so on, on the face of the Defendant, while driving under the influence of alcohol.
Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Arrest report on occurrence of the case in violation of the Road Traffic Act, reporting on the situation of driving under the influence of alcohol, report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and time for measuring alcohol;
1. Application of statutes concerning criminal records;
1. Relevant 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 suspended execution (Article 62(1) of the Criminal Act (Article 62(1) may be attached to the defendant, and Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime is very heavy in light of the content of the crime in this case. However, there is no sentence imposed on the defendant, and the defendant has a depth of his mistake, and the social relationship of the defendant is clear and the detention of the defendant entails excessive difficulty for his dependants, taking into account all circumstances such as the motive and circumstances leading to the crime
1. Probation and community service order shall be judged as ordered for the reason of not less than Article 62-2 of the Criminal Act;