도로교통법위반(음주측정거부)
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
On January 24, 2014, the Defendant was issued a summary order of KRW 6 million due to a violation of the Road Traffic Act (Refusal of measurement of noise level), etc. in the Busan District Court’s Busan District Court’s Branch Branch.
Around 23:50 on March 23, 2020, the Defendant: (a) driven a BM7 car and parked in the Ddong Underground Parking Lot at Kimpo-si, Kimpo-si, Kimpo-si; (b) stated that the Defendant was asked by his name-free person who was aware that he was driving under the influence of alcohol from his name, who was aware that he had observed the above car, and was in an uneasible and uneasible parking; and (c) carried it out from the above car to his residence.
On March 24, 2020, at around 00:09, on March 24, 2020, the Defendant was required to comply with the breath test by inserting the breathm in the breath of the Kimpo Police Station, on the ground that there are reasonable grounds to recognize the Defendant’s face under the influence of alcohol, such as red, inabreath of the breath of the Kimpo Police Station, and the breath of the breath of the breath of the Defendant’s residence
Nevertheless, the Defendant did not comply with the demand for the measurement of alcohol, such as “hing alcohol,” “hing alcohol,” “I have been aware of it,” “I have been recognized,” and “I have different tests to be outside,” etc., of the above police officers.
As a result, the Defendant violated the prohibition of drunk driving once, and even though there is a considerable reason to recognize that he had driven a motor vehicle under the influence of alcohol, he did not comply with the request of a police officer for a sob
Summary of Evidence
1. The defendant's legal statement, the driver's oral statement, the vehicle photograph, letter photograph, and the bar image photograph of the defendant on the 112 Report Processing Statement;
1. Previous convictions in judgment: Investigation reports (verification of the history of refusing to measure noise), criminal records, and the application of Acts and subordinate statutes;
1. Selection of punishment as provided in Articles 148-2 (1) and 44 (2) of the Road Traffic Act concerning the facts constituting the crime; and