도로교통법위반(음주측정거부)등
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
1. On April 24, 2017, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) by driving CK5 cars at CK on April 24, 2017, and proceeding with driving a traffic signal from the long-distance from the south of the city of Gangwon-do to the long-distance distance of KBS, the Defendant was found to have been in the traffic signal violation by G while around 01:53 on the same day, at around 01:53, the Defendant was driving under the influence of alcohol, on the ground that: (a) on the same day, the Defendant was exposed to the traffic signal violation by G while around the seat of the police station in the Gangwon-do Police Station F division in front of the Gangwon-do in front of the same day; (b) at the time of detection, smelling the Defendant’s face, fluening the Defendant’s face while drinking.
If there are reasonable grounds to determine a person, the police officer was requested by the police officer to comply with the alcohol testing by inserting the breath measuring instrument five times for about 30 minutes from around 02:15 to around 02:45 of the same day without justifiable grounds.
Accordingly, the Defendant driven under the influence of alcohol.
A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.
2. On April 24, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle CK5 vehicle without a driver’s license on the front side of the “E” apartment house in the Dong of Gangwon-do, Gangwon-do, Gangwon-do, which was located in the Dong of Gangwon-do, from around 2km to the front side of the “E” road located in the same city D.
Summary of Evidence
1. Statement by the defendant in court;
1. Photographs related to the refusal of measurement of drinking alcohol, copy of the ledger of measuring instruments using drinking alcohol, and report on the situation of driving alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), 152 subparagraph 1, and 43 (a point of refusing to drive without a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):