도로교통법위반(음주측정거부)
1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 27, 2018, the Defendant was driving a droping car in front of the droping on the road in the Suwon-si, Suwon-si, Suwon-si, a police officer belonging to E District Police Station in the Suwon-gu, the Defendant was under the influence of alcohol, such as the Defendant’s face from a police officer, who was called for by the Defendant upon receiving a report on 112 that the Defendant would drive a drinking.
Since around 02:10 on the same day, it was demanded to respond to the measurement of drinking by inserting the whole in breath of drinking in four minutes from around 02:10 on the same day.
그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to report an investigation, such as a statement of the situation of the driver of the main place, on-site photographs, investigation reports (the first police officer's telephone statement) and investigation reports;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, motive of the crime and circumstances after the crime, were determined as ordered.
On August 14, 2013, the Defendant issued a summary order of a fine of KRW 3 million on the grounds of a violation of road traffic law at the source of the water source method, and on January 10, 2018, the Defendant committed a violation of road traffic law at the above court on January 10, 201.