도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
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
On May 3, 2019, the Defendant driven a motor vehicle under the influence of alcohol, such as a string distance, while driving a DN motor vehicle on the front side of the Busan-gun apartment building C, Busan-gun apartment building C, which caused a traffic accident and called upon receiving a report of 112.
On the same day, there are reasonable grounds to determine a person, who was requested to respond to an examination by means of inserting alcohol so as to reduce drinking at each of the above accident places at around 03:27 and around 03:30 on the same day. On the same day, it was demanded to comply with a drinking test by inserting alcohol in an emergency hospital located in Busan Shipping Daegu G around 04:31 on the same day.
Nevertheless, the Defendant did not comply with a request for the measurement of drinking by a police officer without a justifiable reason by making a breath of drinking and a breath of drinking, without complying with the test by the so-called breath of drinking, and by explicitly refusing the measurement of drinking.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made to I by the police;
1. Photographs related to refusing to measure drinking of the traffic accident report prepared by the J;
1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;
1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 148-2(1)2 and 44(2) of the same Act regarding criminal facts; the choice of imprisonment with labor
1. The suspended sentence under Article 62(1) of the Criminal Act has the record of three times of fine due to driving under the influence of alcohol for the reason of sentencing, the fact that it is not good to form a crime by refusing to measure alcohol consumption: Provided, That the fact that there is only the record of fine, and all other circumstances, including the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence, etc., and the circumstances after the crime, etc., shall be determined as per the disposition;