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 January 20, 2013, at around 04:05, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to comply with the measurement of alcohol by inserting it into a drinking measuring instrument for about 30 minutes in a manner that, while driving a motor vehicle under the influence of alcohol, the Defendant was able to recognize that he/she driven a motor vehicle under the influence of alcohol, such as drinking alcohol, smelling on the face of a sloping D belonging to the Saun Police Station C police box, while driving a motor vehicle under the influence of alcohol on the back side, while drinking alcohol on the back and drinking on the face, while driving the motor vehicle under the influence of alcohol.
Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.
2. Around 04:05 on January 20, 2013, the Defendant was driving a motor vehicle of 1km-puburt without obtaining a driver’s license from the drown-gun Kim Chang-dong, Chang-gu, Seoul to the front road of the Kim Dong-dong Office located in the same Ri.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act and subordinate statutes to the on-site investigation report, report on detection of a driver, and the register of driver's licenses;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes) among concurrent crimes;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);
1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order are already two times.