도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for a term of one year and two 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 May 24, 2016, the Defendant received a summary order of KRW 3 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the Incheon District Court to the same crime on December 12, 2017, respectively.
【Criminal Facts of Crimes】 On July 16, 2020, the Defendant was required to respond to a drinking test by inserting the drinking measuring instrument four minutes from around 22 minutes from around 21:28 to 21:50 on the same day, when he was under the influence of alcohol from E of the Seoul Guro Police Station D, who was dispatched after receiving the 112 report that “the Defendant was under the influence of alcohol, who was under the influence of alcohol, she was under the influence of alcohol, such as smelling, smelling, snicking, and routing off the face.”
Nevertheless, the Defendant did not put the whole in a drinking measuring instrument, and avoided it, and did not comply with a police officer’s request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), the details of the crackdown, field photographs, internal investigation reports (verification of the measuring process), the image-fash photographs, the investigation report (STV video verification), and the CCTV-fag photographs;
1. Criminal records as stated: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type judgment, etc.);
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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has been punished twice due to drinking alcohol as stated in the records of criminal records in the judgment.