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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On April 15, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a car with Cinnick in a state of no driver’s license in approximately five kilometers from the Do in front of the restaurant in which it is impossible to know the trade name near the west west west west-si, Yangsan-gun, Ulsan-gun, the C in a state of no driver’s license from the Do in front of the restaurant in which it is impossible to identify the trade name near the west west west-si, Yangsan-gun, the C in a state of no driver’s license in approximately 3 km
2. On April 15, 2016, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as debrising, snowing, and snowing by the Defendant, at a Ulsan-gun E police box belonging to the Ulsan-gun, Ulsan-gun, Ulsan-gun, a police box belonging to the said police box, at around 17:54 on April 15, 2016.
Even though there are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting the whole 40 minutes of drinking in a drinking measuring instrument, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of drinking, inquiry of the results of regulating driving of drinking, and statement of the circumstances of driving of drinking;
1. The ledger using sobling measuring instruments;
1. Each report on investigation;
1. Application of each statute on photographs;
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of adding up a maximum term);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act;
1. An order to attend a course under Article 62-2 of the Criminal Act;