도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six 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.
Punishment of the crime
On June 22, 2017, the Defendant driven a vehicle while under the influence of alcohol, such as 40-10 Snick Police Station B in Seoul, Jung-gu, Seoul, Seoul, with a three-lane radius, and 40-10, with a strong smell in the Defendant’s entrance, and scarping red on the face.
Even if there are reasonable grounds to determine a person, the police officer C did not comply with a request for the measurement of drinking without justifiable grounds, even though he/she was requested to comply with the measurement of drinking by inserting approximately 30 minutes of a 30-minute 4 minutes of a drinking measuring instrument, in a manner that he/she was not able to do so.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Application of investigation reports (verification of suspect status at the time of refusal to measure drinking), investigation reports (with respect to refusal to measure drinking), and statutes;
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. The main sentence of Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant committed the instant crime despite the fact that he/she had been punished twice due to drinking alcohol driving in the past; (b) the act of refusing to measure drinking without any justifiable reason after driving alcohol is considered disadvantageously considering the nature of the relevant crime; (c) the Defendant reflects the recognition of the instant criminal facts; (d) the Defendant has no criminal record other than the punishment imposed on two occasions due to drinking alcohol driving; and (e) the Defendant has a family member to support the Defendant.