도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant, while under the influence of alcohol around 01:50 on September 4, 2020, while driving CM3 automobiles on the front side of the building in Busan-gun, Busan-gun, while receiving a report from 112, who was driven by a drunk person, was driven by a drunk person, and was called for, the Defendant driven the vehicle under the influence of alcohol, such as a smelling and smelling from the slope D belonging to the Busan-gun Police Station for the captain of Busan-gun, with red and a string distance.
There are reasonable grounds to recognize the same day from around 01:40 to around 01:50 on the same day, which was requested by a police officer to respond to the drinking test by inserting the whole in a drinking measuring instrument three times for about ten minutes, but the police officer did not comply with the demand of a police officer for the drinking test without justifiable grounds.
Summary of Evidence
1. Investigation report by the police on the police statement E in the defendant's legal statement (report on the driver's situation in the main place), investigation report (time 4), investigation report (report on witness's statement); and investigation report (report on witness's statement);
1. Application of the Acts and subordinate statutes to cover photographs, black stuffs video CDs, by reporting the situation of the driving of the week, a statement of the situation of the driver's driver, on-site photographs, black booms, etc.
1. Relevant Article of the Act and Articles 148-2 (2) and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The sentencing of Article 62-2 of the Criminal Act, including the case of failing to comply with a request for measurement of drinking alcohol while driving alcohol on the grounds of sentencing.
However, the punishment is determined as ordered by comprehensively considering the fact that the defendant recognizes the crime and reflects the fact that the defendant has no record of criminal punishment, the fact that there is no record of criminal punishment, and all other circumstances revealed in the records and arguments of this case.