도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for one year.
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
1. The Defendant is a person who actually holds a freight truck and is engaged in driving the said freight truck as a de facto holder of the freight truck.
On March 2, 2014, at around 20:10, the Defendant driven the relevant cargo vehicle without obtaining a driver's license, from the influencies to the parking lot of the Do tree hospital in Ansan-gu, 501-6, Ansan-si, Dong-dong, 501-6.
Accordingly, the defendant driving a motor vehicle without a driver's license, and operated a motor vehicle not covered by mandatory insurance.
2. On March 2, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement) by driving C cargo vehicles as described in paragraph (1) while under the influence of alcohol on or around March 20:10, and proceeding into the parking lot of the hospital as described in paragraph (1), and received the part on the left side of E E E E E in the victim D of the said trucking vehicle.
The Defendant, upon receiving a report on the occurrence of the collision accident, moved to the F patrol box with the police officer belonging to the Ansan-gu Police Station, who was called out, and subsequently, was required from 20:53 to 20 minutes to take a alcohol test by inserting the breath in the breath while under the influence of alcohol, such as smelling and smelling the Defendant from G to breath, etc., and making it possible for the Defendant to be considered to have driven under the influence of alcohol, but all of them were refused.
As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.
Summary of Evidence
1. Defendant's legal statement;
1. Copy of the ledger of measurement and use of drinking;
1. The circumstantial statement of the employee;
1. License register;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on the Guarantee of Automobile Accident Compensation and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, which applies to the relevant criminal facts, the selection of a sentence, and the selection of a sentence;