도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Road Traffic Act;
A. On June 4, 2019, at around 07:30, the Defendant driven a D-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Motor Vehicle B from Sejong Special Self-Governing City
B. On June 5, 2019, at around 03:40, the Defendant driven a motor vehicle from the Do in front of the Fju point in Daejeon Northern-gu, Daejeon, to the B apartment parking lot in Sejong Special Self-Governing City, without obtaining a driver’s license, at approximately 20km section, to the B apartment parking lot in Sejong Special Self-Governing City.
2. On June 5, 2019, at around 04:49, the Defendant was required to comply with the drinking test by inserting the breath of alcohol in a drinking measuring instrument over about 16 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, h and a slope I, who was called out after receiving 112 a report that the vehicle might stop in a visible turn on the passage of the parking lot along the parking lot at the Sejong Special Self-Governing City.
Nevertheless, the Defendant did not put the whole in a drinking-free measuring instrument, and avoided a drinking test, thereby failing to comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as circumstantial statements, internal reports, 112 reported records, 112 reported records, photographs of the refusal to measure alcohol, and driver's licenses;
1. Relevant laws concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the selection of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;