도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for one year.
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.
Punishment of the crime
1. On June 7, 2017, the Defendant driving a motor vehicle with C low-speed string without obtaining a motor vehicle driver’s license in the section of approximately 200 meters from the front of the sampling road of Ulsan-gun, U. Ulsan-gun, an alternative of 2:7-15, to the front of Ulsan-gun, U. Ulsan-gun, an alternative of 7-15, on the road.
2. On June 7, 2017, the Defendant reported by a witness who had driven a drinking alcohol by the Defendant in front of the North Korean-Japan, located at two-lane 7-15, an alternative to the Ulsan-gun, Ulsan-gun, on the part of June 12:46, 2017, while driving a motor vehicle under the influence of alcohol, such as a small radius of walking in the Defendant’s entry.
The police officer of the Ulsan-gu Police Station D's Police Station D', which had a reasonable reason to designate a person, failed to comply with the measurement of drinking by a police officer without justifiable grounds, without any justifiable reason, even though he/she received a request for a measurement of drinking on about four occasions from around 12:46 to around 13:01 on the same day, while he/she received a request for a measurement of drinking on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Refusal to measure or reject the selected drinking of any criminal facts: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act; Operation of a license without prison labor: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Selection of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the said Act (within the scope of adding up a maximum term);
1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):
1. Normal circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service or attend lectures: The confession and the depth is reflected;
. Unfavorable circumstances: The fact that a person has a previous record of drinking up to three times, and the fact that a person refuses to measure a legitimate drinking needs to be punished more strictly than the driving of drinking.