도로교통법위반(음주측정거부)등
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 becomes final and conclusive.
Punishment of the crime
The defendant is a person who is engaged in driving a car by borrowing B.
1. On March 9, 2014, around 20:53, the Defendant: (a) borrowed a vehicle under the influence of alcohol in front of the 1396 high-rises (GOMTEL) with the Defendant, who was making a stop on the left-hand side while driving the vehicle; and (b) moved the vehicle to C police boxes after receiving a 112 report while driving the vehicle under the influence of alcohol.
At the time, there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling and smelling red on the face, etc., the Defendant was demanded to respond to the measurement of alcohol by inserting three minutes from the slope D belonging to the Glangdong Police Station from around 23:38 to 23:06.
Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.
2. On March 9, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle at a section of about 2 km away from the front of the Taedou cafeteria cafeteria cafeteria located in the Gyeongdong-gu, Gyeongbuk-gun, Gyeongdong, to the front road of the 1396 km, if added, at the same time, from March 20, 2014 without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report on the driver and the report on detection of the driver;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to report internal investigation;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Order of probation and lecture attendance under Article 62-2 of the Criminal Act;