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 9, 2017, the Defendant driven a motor vehicle in front of the Cheongcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-gu, Seocheon-gu, and reported that the Defendant drives a two freight vehicle B while drinking alcohol, and was called to the site, and was under the influence of alcohol, such as the Defendant’s snow and heavy sound.
Although there are reasonable grounds to determine a person, he/she was requested from around 23:18 to around 23:46 to respond to the measurement of drinking alcohol by inserting the whole part of the drinking measuring instrument three times between approximately 28 minutes, he/she did not comply with such request without good cause, such as avoiding it.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the crackdown on the driving of alcohol, report on the situation of the driver under driving of alcohol, investigation report (report on the situation of the driver under driving of alcohol), notification of the results of the crackdown on the driving of alcohol, ledger using the measuring instrument for alcohol, application of relevant
1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, even though the Defendant was punished once due to drinking driving in the past, also committed the instant crime.
In the process of refusing to measure drinking, police officers were able to engage in abusive and threatening behavior.
However, considering the favorable circumstances that the defendant recognized his/her mistake and reflects the fact that he/she is currently committing a crime, the punishment as ordered shall be determined by taking into account all the circumstances revealed in the trial process, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.