도로교통법위반(음주측정거부)
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 became final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving of a passenger car owned by him.
On October 01, 2015, at around 01:00, the Defendant was under the influence of alcohol from the vicinity of the Dazamamama located in the Si of Gwangju to the Do-ro of 584 Do-ro 100 Dok-ro Do-ro Do-ro 584 Do-ro Do-ro Do-ro Do-ro Do-ro Do-ro 100
The Defendant was demanded to respond to the measurement of drinking alcohol by inserting the 30 minutes of a drinking alcohol measuring instrument over three occasions, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as D/ and snifficing in the process of keeping the police box of the Gyeonggi Police Station, which was called after receiving a report by the driver of drinking, from D and snifficing the Defendant’s entering the police box of Gwangju Police Station, etc.
Nevertheless, the defendant avoided this, and did not comply with the police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of the report on detection of a drinking driver, the circumstantial report of a drinking driver, and the Acts and subordinate statutes concerning refusal of measurement of drinking;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);
1. Article 62 (1) of the Criminal Act;