도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 22, 2012, the Defendant was sentenced to the suspension of indictment against the violation of the Road Traffic Act at the office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the
On May 17, 2020, the Defendant reported on May 17, 2020, 112 that the drinking driving is suspected before C convenience stores located in B, and received a report on May 17, 2020, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for the reason that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as using a certain string of walking condition, and passing a sound while under the influence of alcohol. However, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, stating that “the Defendant was unable to stop the vehicle, and drink the alcohol. I have been driving under the influence of alcohol.”
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Application of the defendant's legal statement to the main driver, driver, investigation report on circumstantial statements (related to telephone conversations with F at the time when the suspect visits the suspect), criminal history records, return to inquiry (A), non-prosecution decision, and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The disposition is based on the overall circumstances, including: (a) the reason for sentencing under Article 62-2(1) of the Criminal Act; (b) the reason for sentencing under Article 59 of the Act on Probation, Etc.; (c) the circumstance at the time; and (d) the Defendant has the history of criminal punishment of fines for drinking driving in 2018.