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 of the final judgment.
Punishment of the crime
【2014 Highest 272】
1. Around 02:20 on March 15, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a 5-meter driver’s operating of B-learning car without obtaining a driver’s license.
2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to respond to a drinking test by inserting approximately 30 minutes of the drinking level in a manner of injecting it into a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, singing, etc. from D around the original police station C District of the original police station called out after receiving a report 112 while driving the said vehicle in a drunken state at the above time and place.
Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without justifiable reasons.
[2014 Highest 441] On March 15, 201, the Defendant: (a) was arrested on the street after the agricultural cooperative, Seoul Special Self-Governing Province, North Korea, 2135, and was transferred to the office of the original police station C District of the original police station located in E, and was under investigation in order to transfer the Defendant to the original police station at around 03:45 on the same day; (b) committed assault by the Defendant, on his hand, such as her back-to-face f of a slope F, which she was flicking, and was flicked in the slope F, above the front part of the back-to-date of the original police station.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.
Summary of Evidence
【2014 Highest 272】
1. Defendant's legal statement;
1. Control note;
1. A photograph refusing measurement;
1. The register of driver's licenses 【2014 Highest 441】
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes to photographs of damaged parts;
1. Relevant Article of the Act on Criminal Facts and Article 152 subparagraph 1 of the Road Traffic Act which choose a sentence;