도로교통법위반(음주측정거부)등
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 became final and conclusive.
Punishment of the crime
On July 28, 2013, the Defendant: (a) around 17:27, Gangnam-si, Seoul, driven a Fnuf car from before his house to the intersection in front of the E zone located in D in the same city; (b) while driving the Fnuf car, the Defendant was driven with the Defendant’s driver’s vehicle for G driving.
Since there are reasonable grounds to believe that the Defendant was driven while under the influence of alcohol, such as smelling, influoring in an inaccurate, a red light on the face, etc., the Defendant was required to respond to the measurement of drinking at intervals of three minutes from 17:43 to 10 minutes on the same day from the slope I belonging to the Gangnam Police Station E zone of the Gangnam Police Station called for the investigation of the traffic accident.
그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
around 17:20 on September 30, 2013, the Defendant driven a Fnuf motor vehicle under the influence of alcohol content of about 0.076% without obtaining a driving license in the section of approximately 2 km from the front of the small apartment parking lot in Gangseo-si, Chungcheongnam-si to the front of the Dong-dong located in the same Dong-dong.
Summary of Evidence
1. Partial statement of the defendant;
1. Results of inspection by this court;
1. Application of the Acts and subordinate statutes to the traffic accident occurrence report, the driver-employed driver's license report, the driver-driving report, the photograph refusing to measure alcohol (not less than 2013 highestest 500), the driver-driving report, the driver's license register, the investigation report (not less than a report confirming the validity of a temporary driver's license)
1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 and Article 40 of the Road Traffic Act (a point of non-licensed driving);
1. Articles 40 and 50 of the Criminal Code of Trade Competition.