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. Around 05:00 on April 26, 2014, the Defendant was required to comply with a drinking test by driving a ecubic vehicle B in front of the Southern East East East-gu, Chungcheongnam-do at the same time while driving a ecubic vehicle on the road at the same location, and parking the vehicle on the ecubic on the ecubic bank at the same location after receiving a report on the ecubic inside the said vehicle from D after the police box of the Gosaung Police Station C Police Station called out after receiving the report, and the Defendant was found to have driven while under the influence of alcohol, such as red-lighting and a scubic distance.
Nevertheless, the Defendant refused to comply with a police officer’s request for sobreath measurement without justifiable grounds, by avoiding inserting the breath of a drinking measuring instrument into a drinking measuring instrument.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same time and time as the above 1.1. The Defendant driven a vehicle B Ecoos without obtaining a driver’s license within approximately 200 meters from the front day of the house from sunrise to the place like the above 1.1.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. A report on the actual status of a host driver;
1. Registers of driver's licenses;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, committed the crime of this case even though he had a record of punishment several times due to the same kind of drinking driving.