도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not less than eight 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 November 6, 2015, the Defendant driven a motor vehicle while under the influence of alcohol, such as a snicking, snicking, White Village 4, White Village 112 reported that the occurrence of a traffic accident occurred at the time when a police officer, who was called, was found to have been aware of the Defendant at the time of the discovery of the traffic accident, while driving a motor vehicle under the influence of alcohol, such as a snicking, snicking, red, and snicking distance.
On November 7, 2015, around 00:10, around 00:20, and around 00:30, at around 00:30, despite the request for the measurement of drinking on three occasions, the alcohol was refused to take the measurement without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a traffic accident report, a report on the situation of a driver of a primary driving, a report on the detection of a driver of a primary driving, and a register of measuring instruments using drinking alcohol;
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. 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 of Article 62-2 of the Criminal Act on the order to attend a lecture and the order to provide community service order causes an accident that the Defendant once she had been punished for driving alcohol until April 2015 (one time of actual punishment, one time of suspended execution, and three times of fine) that caused an accident that the Defendant once she had the same alcohol and had the same alcohol driven again until April 2015. In addition, the Defendant refused to measure the legitimate drinking.
However, the defendant does not commit a second offense.
Considering the fact that the defendant and his wife's health status are not good, the punishment as ordered shall be determined in light of the overall sentencing conditions, such as the defendant's age, sex behavior, environment, occupation and career, family relation, circumstances after the crime, and circumstances after the crime.