도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for 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
On June 7, 2013, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes among the slope C of the traffic safety department of the Gwangju Northern Police Station, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, reding, etc., while driving a ice B in front of the Busan Northern-dong Mansan-dong Mansan-dong, Busan, without obtaining a driver's license at around 23:40 on June 7, 2013.
Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each statement of E and F;
1. Each report on investigation;
1. Control note;
1. Application of the statutes on the register of driver's licenses;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure noise), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of operating without a license), and selection of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is punished eight times due to drunk driving or unlicensed driving, the defendant's vehicle's vehicle's vehicle's replacement with the driver and the driver was discovered while trying to change the vehicle's seat and the driver, which led to the refusal of the measurement of drinking, etc., and the punishment