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. Around April 26, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving the D Urddong-gu B apartment parking lot from Gwangjubuk-gu to the same Gu roads, without obtaining a driving license from around 500 meters at a distance of about 500 meters.
2. Violation of the Road Traffic Act (Refusal of a drinking test) provided that the Defendant was required to comply with a drinking test by inserting alcohol in a drinking measuring instrument five-minutes between about 46 minutes and five-minutes, while driving D A6 car in the vicinity of Gwangju Northern-gu, Gwangju-gu, the Defendant avoided the demand of a police officer for a drinking test without justifiable grounds, even though he was required to comply with a drinking test in a manner of inserting alcohol measuring instruments five-minutes, such as drinking alcohol while driving D A6 car in the condition of drinking alcohol in the vicinity of Gwangju-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of the crackdown on drinking driving, a report on the circumstances of the driver involved in driving, an investigation report (report on the circumstances of the driver involved in driving), and an inspection report;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to one video CD in the situation of refusal of measurement results from the reproduction of one CD;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reasoning for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures is that the Defendant was punished twice for drunk driving and once for driving without a license even prior to the instant crime, and the Defendant did not reflect the fact that the driver’s license was revoked due to drinking driving in 2018.