도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six months.
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 July 13, 2017, the Defendant driven a BM3 car owned by the Defendant at the wharf of SM3 car at the Ydo-Eup, Chungcheongnamdo-do-Eup, Namdo-gun on July 21, 2017, after drinking alcohol at the wharf, and received a report from another person on the road in front of the same Eup/Myeon-ro, and driven under the influence of alcohol, such as fluoring, fluoring, face and snow shocking, and fluoring, fluoring alcohol.
D demanded the measurement of drinking alcohol due to considerable reasons to determine the person.
Nevertheless, the defendant did not drive the vehicle.
The plaintiff asserted about about 50 minutes and did not comply with the police officer's request for the measurement of drinking without good cause.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A report on internal investigation:
1. Application of Acts and subordinate statutes to photograph image materials;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: the Defendant again committed the instant crime even though he was punished for drinking driving in 2001 and 2009.
(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment of suspended execution or more;
C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.