도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 20, 2015, the Defendant was issued a summary order of KRW 6 million for the crime of violating the Road Traffic Act in the Daegu District Court's Ansan-dong branch.
At around 03:15 on October 21, 2019, the Defendant: (a) there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as smelling in the mouth B, smelling in the mouth, in an inaccurate, snowing, and heavy raining; (b) reding in the face; and (c) he was demanded to comply with a drinking test in such a manner that he was unable to breathly breath on several occasions from D, etc. belonging to the Ansan-dong Police Station C District for about 20 minutes, etc., for about 20 minutes, he met the demand for a drinking test in a manner that breathly breathly breathly breathly breathly b. c. f. b. b. d. h. m., f. b. d. g., d., d. g., d., g., d., g., g., g., g., g., g., sar.
As a result, the Defendant violated the regulations on the prohibition of drinking alcohol driving or the prohibition of refusal to measure drinking more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report (including photographs), the report on the actual condition of a drinking driver, the investigation report (the circumstantial report of a drinking driver), and the report on the results of the crackdown on drinking driving;
1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records of a suspect's drunk driving);
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 of the Criminal Act: