도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for one year.
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 October 18, 2016, the Defendant driven a CK5 vehicle while drinking alcohol on the front side of Ulsan-gu B, Ulsan-gu, Seoul-do, and was under the influence of alcohol by a police officer, etc. affiliated with the D Zone of the Ulsan-gu Police Station D, Ulsan-do, where he was called after having received a traffic accident report and received a traffic accident report, and was under the influence of alcohol from the Defendant, such as smelling alcohol and scaring red on the face.
There are reasonable grounds to determine a person who has been requested to take a drinking test on the same day by inserting the whole of drinking in the above D'F located in the south-gu of Ulsan-gu, the same day, around 22:30 of the same day, around 22:40 of the same day, around 22:50 of the same day, around 22:50 of the same day, and about 23:00 of the same day, and did not comply with the police officer's drinking test without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes concerning the self-measurement, refusal to measure, and photographs;
1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Selection of imprisonment ( Taking into account that there are many records of criminal acts of the same kind);
1. Article 62 (1) of the Criminal Act on the stay of execution ( comprehensively considering favorable circumstances, such as the fact that there is no criminal record of the actual punishment and the fact that there is a family member to support);
1. The community service order under Article 62-2 of the Criminal Act;