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. Around 03:50 on August 5, 2017, the Defendant driven an EMW car without obtaining a 1km driver’s license from the Do in front of the “Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-dong,” to the front road of the “D Schlage” located in the same Gu C, and without obtaining a eMW car license.
2. Violation of the Road Traffic Act (Refusal of the measurement of drinking), around 04:09 on the same day, the Defendant driven under the influence of alcohol, such as: (a) from a slope G belonging to the police station of the Daegu-gu Police Station where the Defendant was under the influence of alcohol while driving the EMW car under drinking on the same day; (b) while driving the eMW car, he was under the influence of alcohol, such as: (c) fluening snow by the Defendant from a slope G of the police station of the Daegu-gu where he was under the influence of alcohol;
There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting three times in a so-called drinking measuring instrument three times between about 15 minutes.
Nevertheless, the defendant avoided a drinking test and did not comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. A witness G and H’s legal statement;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense [the driver] under Article 47 (1) of the Road Traffic Act is driving a motor vehicle in violation of the prohibition of driving without a license or drinking;
If deemed, the driver may temporarily stop the vehicle and request the driver to present his/her driver's license.
The defendant was under the control of drinking while trying to escape from drinking so even after the reaction caused by drinking reduction during the control of drinking. In this situation, G police officers and H respond to the respiratory measurement of the defendant.