도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not less than eight 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.
Criminal facts
The defendant is a person who drives a K5-car.
On September 23, 2017, the Defendant driven a motor vehicle while driving the motor vehicle at around 02:30 on September 23, 2017, while receiving a report to drive the central line 75 KCC prior to the KCC in Suwon-gu, Suwon Police Station C, which called the site and was under the influence of alcohol, such as smelling and smelling from the Defendant, and snicking the face from the Defendant.
A police officer did not comply with a police officer's request for measurement of drinking without justifiable grounds, even though a police officer's request for measurement of second drinking around 02:50 on the same day, by inserting the whole in a drinking measuring instrument for reasons of significant grounds to determine a person; a police officer's request for measurement of second drinking around 02:56 on the same day; and a police officer's request for measurement of third drinking around 03:0
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;
1. Application of relevant photographs, booms, and laws and regulations on the screen of vehicles;
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 2008) (see, 2008; 200Da14488, Apr. 2, 2009))
1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;