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 February 4, 2017, 01:50, the Defendant was driving a vehicle in front of 102, an apartment house of 49 new village, which was driven by the Defendant, in order to park a car on the roads in front of 102 apartment complex in front of 102, while driving the vehicle, while driving the vehicle on the road in front of 102, the street, etc. in the complex, and the Defendant snicking, snicking, faceing, snicking, red, and emulated, etc., from the slope E and F of the Gwangjin-gu Police Station Dial Police Station, called to the site.
There are reasonable grounds to suspect that the same day is 02:23 on the same day, 02:33 on the same day, 02:43 on the same day, 02:43 on the same day, and 02:43 on the same day, it is required to respond to the drinking measurement by inserting the drinking measuring instrument three times at intervals of ten minutes, but it is not a road that discharges apartment complexes.
It is a driving outside of the road, which is to measure drinking on the ground of Masonnson’s ground.
“A police officer did not comply with a police officer’s request for a measurement of drinking without good cause by avoiding it.”
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. Application of Acts and subordinate statutes on investigation reports (19th of investigation records);
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 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 62-2 of the Social Service Order is that the defendant, even though having multiple criminal records of the same kind, is driving in the state of second-hand drinking, and thus, refuses to comply with the demand for alcohol measurement by taking into account the circumstances favorable to the confession and reflect, but the punishment as ordered shall be determined by taking into account the circumstances favorable to the circumstances that may be considered in the situation of driving.