도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On February 8, 2015, at around 01:15, the Defendant: (a) moved alcohol to a new company apartment parking lot in front of the 477-2 Han-dong, Gwangjubuk-gu, Gwangju, as drinking on the road; (b) was exposed to the police officers belonging to the Gwangju Northern Police Station D District of the Gwangju Northern Police Station, who received 112 report and called out.
At the time, there was a statement by 112 reporters that the defendant driven the above car in the state of drinking, and there was considerable reason to recognize that the defendant was driving the car in the state of drinking by breathing and smelling heavy drinking and breathing.
Accordingly, the police officer was asked to respond to the sobreath test by inserting the police officer from 01:40 on the same day to 10 minutes after he/she was arrested as a flagrant offender, and after he/she was arrested as a flagrant offender, he/she was required to respond to the sobreath test at intervals of 01:40 to 10 minutes.
Nevertheless, the defendant refused this and did not comply with the police officer's drinking test without any justifiable reason.
The defendant asserts that there is no request from police officers for a drinking test.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, E and F, a police officer belonging to the D District, testified in this Court that “A defendant demanded a drinking test at intervals of three times at intervals of ten minutes, such as the facts stated in the facts charged in the judgment in the judgment in the E,” and ② the defendant asserted that there was no request for a drinking test at the time of the initial police investigation, and stated that “A police officer did not comply with the measurement” without the measuring instrument. It is believed that “A police officer, who is a police officer belonging to the D District, was asked for a drinking test at intervals of ten minutes.”
On the 27th page of the record, it seems clear that police officers at the time asked whether they would respond to the measurement of drinking alcohol to the defendant. ③ Police officers are the defendants.