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
[criminal power] On September 11, 2014, the Defendant was issued a summary order of KRW 3 million with the same crime in the Sungnam Branch of Suwon District Court as a crime of violation of the Road Traffic Act (driving) and KRW 4 million with the same crime on May 19, 2017, respectively.
【Criminal Facts】
On August 6, 2020, at around 03:50 on August 6, 2020, the Defendant was reported to be suspected of driving under the influence of alcohol on the front of C at the scene and was dispatched to the site, and there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as drinking and smelling on the face, etc., and the Defendant was required to put the breath in the influence of alcohol at least three times during about 30 minutes. However, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds by refusing to put the breath in the influence of alcohol, such as leaving the eye in the state of drinking, harming the face, etc.
Accordingly, the defendant violated the prohibition of drinking driving or drinking-free measurement more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. On-site photographs;
1. Previous convictions indicated in judgment: Application of criminal records, list of related cases, and summary order-related Acts and subordinate statutes;
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 reason for sentencing under Article 62-2 of the Criminal Act, including the probation order, the order to attend a lecture, and the order to attend a community service order, was not only to drive a motor vehicle again despite the fact that a majority of the offenses have been punished for drinking, but also to refuse the demand of the
In addition to drinking-related criminal records, they have several different types of criminal records.
However, the defendant is recognized to commit the crime and the truth.