도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
On July 23, 2010, the Defendant issued a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on July 23, 2010, the summary order of KRW 3,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on June 8, 2015, and on May 23, 2018, the summary order of KRW 6,00,000 was issued by the Suwon District Court as a penalty for a violation of the Road Traffic Act (driving).
1. Around 03:40 on August 9, 2019, the Defendant started the front way of “C” located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and was demanded to comply with a drinking test by inserting the breath of alcohol in a way that a witness reported to a witness who driven a cknife vehicle in a about 4km section up to D-ro, Jungnam-gu, Sungnam-gu, Seoul., who was called after receiving a witness’s report and carried out the cnife vehicle in a state of drinking. On the other hand, the Defendant was required to comply with the drinking test by inserting the cnife of the cnife while driving the vehicle in a state of drinking.
Nevertheless, the defendant explicitly stated that he refuses to take a measurement without justifiable grounds, and did not comply with a police officer's request for a measurement of drinking.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven the said car without obtaining a driver’s license in a section of about 4 km at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstantial statement of a drinking driver, investigation report, notification on the results of crackdown on drinking driving, investigation report (police officer image image), investigation report (CCTV image), vehicle driving license register, and detailed statement of handling cases reported under 12;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of identical records of a suspect);
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;