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
[Criminal Power] On November 10, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on November 10, 208.
【Criminal Facts】
On July 29, 2019, at around 22:54, the Defendant was making a stop on the street while driving a Cschton car under the influence of alcohol, and the Defendant was requested to comply with a drinking test for about 10 minutes on the face, on the grounds that there exist reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling and smelling on the face of the D District District of the Gyeonggi Military Police Station, which was called upon 112, by the Defendant, from the head E of the Gyeonggi Military Police Station D District, and called upon 112, but did not comply with the police officer’s request for a drinking test without justifiable grounds.
Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes to investigation reports (verification of punishment for drunk driving of a suspect);
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's previous convictions, and other various conditions of sentencing, such as the defendant's age, character and conduct, environment, background of the crime, circumstances before and after the crime, etc., shall be determined as the orders.