도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for not less than eight months.
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 02:00 on July 12, 2014, the Defendant driven a BL car without obtaining a driver’s license on the front side of the KTG Gangwon-ro 39, 175-gil, as Gangdong-gu Seoul Metropolitan Government, from around 02:30 on the same day until around 94-gil 91, the same day from the 7km section of the same Gu, to the front side of the 94-lane 91, the same day.
2. On July 12, 2014, from around 05:08 to around 05:38 of the same day, the Defendant violated the Road Traffic Act (Refusal of the measurement) at the traffic survey office of the Seoul Gangnam Police Station located within the nature of Gangdong-gu Seoul Metropolitan Government from around 02:0 on the same day, around 02:00, at the traffic survey office of the Seoul Police Station located within the nature of Gangdong-gu, Gangdong-gu to around 33, Seoul, and around 02:30 of the same day from the front day of the KTG 39, as Gangdong-gu Seoul, Gangdong-gu, Gangdong-gu, Seoul, at around 02:30, the same day from the front day of the KTG 94-ro 94-gil, the Defendant did not take a smell at approximately 7 km of the same Guri-ro 91, and the Defendant did not refuse to take a drinking test while making a drinking test at least four times in total.
As a result, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report;
1. The circumstantial statement of the employee;
1. Photographs of suspect's refusal to take a drinking;
1. Application of the statutes on the register of driver's licenses;
1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of a sentence;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Mitigation of discretionary mitigation shall be based on the reflectivity of Articles 53 and 55(1)3 of the Criminal Act and the fact that there is no criminal conviction or heavier punishment due to the same kind of crime;