도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for one year.
except that 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
1. Around 00:45 on July 12, 2015, the Defendant was driving a vehicle with a width of halogen without obtaining a driver’s license from a section of about 500 meters from the roads of the Young River beach located in the north-gu Two-dong at the port of port to the roads of the “Dmotour” located in the same Gu C.
2. Around 00:45 on July 12, 2015, the Defendant was required to comply with a drinking test by inserting the vehicle under the above paragraph (1) on the front of the “Del” on the road located in North Korea-gu, North Korea at the time of drinking on July 12, 2015, while driving the vehicle under the influence of alcohol on the front of the “Del” on the road. There are reasonable grounds to recognize that the Defendant driven the vehicle under the influence of alcohol, such as drinking, smelling on the face of the Defendant, making a statement that the Defendant would drink in drinking, and drinking. Accordingly, from around 01:03 to around 01:33 of the same day, the Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument for about 30 minutes within the F box of the Port of North Korea Police Station at the time of drinking.
Nevertheless, the Defendant did not comply with the so-called so-called ‘breath test' without justifiable grounds, such as avoiding the so-called ‘breath test'.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the vehicle ledger, such as a report on detection of a drinking driver, a report on the circumstantial statement of a drinking driver, a written confirmation of non-compliance with a drinking measurement, a ledger of use of a drinking
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, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);
1. It is so decided as per Disposition for the reason that Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of suspended sentence of imprisonment or more);