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 April 21, 2008, the Defendant was issued a summary order of KRW 1,500,000 by the Changwon District Court as a crime of violation of the Road Traffic Act. On July 22, 2013, the Changwon District Court issued a summary order of KRW 3,00,000 as an offense of violation of the Road Traffic Act.
【Criminal Facts】
On February 13, 2020, the defendant found that he was suspected of driving under influence on the road front B at the Kimhae-si, at around 18:10 on February 13, 2020, after receiving a report from 112, the defendant was involved in driving under the influence of alcohol, and there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as red view on the defendant's face, driving under the influence of alcohol, such as a narrow distance and a narrow distance, etc., the defendant was demanded to comply with a drinking test by inserting the drinking in four times in total from around that time to 18:30, while he was driving in the so-called SP car in the SP car of the defendant, he did not comply with a police officer's demand for drinking under the influence of alcohol by avoiding it through the method of taking the police officer's desire to flading the police.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (Analysis of images for which a suspect refuses to take a drinking test);
1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes on the confirmation of criminal records of the same kind;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment of probation and community service order under Article 62-2 of the Criminal Act (the order to undergo a diagnosis and treatment of alcohol abuse and dependence by special matters to be observed for the improvement of the drinking habits of the accused) is based on the following circumstances: the defendant's age, character and behavior, family environment, motive for the crime.