도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for six months.
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 February 14, 2018, the Defendant was under the influence of alcohol, while driving a CM7 car in front of the Y7 car while under the influence of alcohol on the roads of the Jeju Apartment House, which is in the Pyeongtaek-dong, at the time of Tong-gu around 00:05 on February 14, 2018, and was under the influence of alcohol, such as witnessing the Defendant’s vehicle a string distance, smelling on the Defendant’s entrance from E from the head of the Tong-gu Police Station D and the position of the Defendant, stiffing the Defendant into his face, making a fluoring on the face, and h
There is a reasonable reason to determine a person, and even if a police officer requested several times to respond to the measurement of drinking by inserting the breathm during about 16 minutes from around 00:34 to around 00:50 on the same day, he/she did not comply with a police officer's request for measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Detailed statement reports, investigation reports, inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to investigation reports (such as the details of crackdown);
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 grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's age, sex, environment, health conditions, the circumstances leading to the crime, means and results of the crime, and the conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, etc., shall be determined as ordered by the court, in consideration of the following: