도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six 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
At around 03:20 on July 5, 2014, the Defendant was required to comply with the drinking test by police officers D to put a drinking measuring instrument into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a B SP car on the front road of 108, an alley-si, an alley-ro 108, while driving the B SP-ro car on the front road, such as smelling alcohol in the Defendant’s entrance, snicking on the face, and failing to walk properly. However, the Defendant refused a police officer’s demand for the drinking test by avoiding the demand without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Application of Acts and subordinate statutes to a traffic accident report (including photographs attached thereto);
1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant has no record of punishment exceeding a fine, and that he/she shows his/her attitude of depth while recognizing his/her mistake);
1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);
1. Article 62-2 of the Criminal Act for probation and order to attend a probation and order to attend a compliance driving course [Article 62-2 of the Criminal Act shall be subject to probation and order to take a compliance driving course at the same time, considering the fact that the defendant had been punished for the crimes of violation of the Road Traffic Act in 2007, 2009, and 2010 prior to the instant case, even though he/she had served as such for the crimes of violation of the Road Traffic Act in 2008 and 2011;