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 March 30, 2017, the Defendant driven a vehicle under the influence of alcohol, such as under the influence of alcohol, on the slope C of the Gyeonggi-gu Police Station B Police Station B police box called the Defendant, who was under the influence of alcohol at the driver’s seat, and was able to take the fluence of the Defendant, while driving the vehicle under the influence of alcohol, on the front of the intersection of 128 Scenic Village 7, a 116 Scenic Village 30, a 128 Scenic Village 16, a 300 Scenic.
Even if there are reasonable grounds to determine a person, the police officer did not comply with a police officer's measurement of drinking on the same day without justifiable grounds, such as refusal to measure the first alcohol in light of 20:55 on the same day, refusal to measure the second alcohol in light of 21:05 on the same day, refusal to measure the second alcohol in light of 21:15 on the same day, refusal to measure the third alcohol in light of 21:25 on the same day, refusal to measure the fourth alcohol in light of 21:25 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license at home and report on the circumstances of the driver's license at home;
1. Previous convictions: References to inquiries, such as criminal history, written judgments attached to investigation reports, application of summary orders and other Acts and subordinate statutes;
1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44-2 (2) (Options of imprisonment);
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 reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order was that the Defendant refused the measurement of drinking after driving under the influence of drinking without any special reason, even though he/she had a history of driving under the influence of drinking
However, the defendant is able to lead a new workplace in good faith.
At the same time, the attitude against the instant crime is shown.
In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.