도로교통법위반(음주측정거부)등
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 this judgment becomes final and conclusive.
Punishment of the crime
1. Violation of the Road Traffic Act (Refusal of measurement) on February 4, 2013, at least 01:42, the Defendant was requested to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument three times from around the same day to around 02:02 of the same day, even though he was requested to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument three times from around 01:02 on the road located in Gwangju-dong 143-7, Gwangjin-do, 143-7.
Accordingly, the defendant refused to take a drinking test three times and did not comply with a police officer's request for a drinking test without any justifiable reason.
2. Around 01:42 on February 4, 2013, the Defendant driving CZ125SK on the road in the vicinity of the luminous Lighting-dong Seoul Special Metropolitan City (UZ125SK) without obtaining a driver’s license from the front day of the alcohol station in the vicinity of the luminous Lighting-dong Special Metropolitan City (UZ) to the front day of the same 143-7.
Summary of Evidence
1. Defendant's legal statement;
1. The ledger of drinkbling measuring instruments, and field photographs;
1. Application of Acts and subordinate statutes, such as the details of cancellation of driver's license and the ledger thereof;
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 the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
2. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the long-term punishment for two crimes is aggregated);
3. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 50C20
4. Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. of Orders to provide community service and attend lectures;