도로교통법위반(음주측정거부)등
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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On September 13, 2018, the Defendant was issued a summary order of a fine of three million won by the District Court of the Republic of Korea for the crime of violating the Road Traffic Act.
On December 15, 2019, the Defendant was under the influence of alcohol, on December 06:15, 2019, at the private cemetery entrance distance of the Sinri-si, the Defendant was under the influence of alcohol and was under the influence of alcohol, and was under the influence of alcohol on three occasions, such as the background of the police officer belonging to the Gyeonggi-gu Police Station, who was dispatched after receiving a report on 112 that “the Defendant was under the influence of a person inside the signal.” The Defendant was under the influence of alcohol, and the Defendant, who was under the influence of alcohol, was under the influence of alcohol on three occasions, such as 06:20,06:26,06:36, etc. on the same day, and the Defendant was under the influence of alcohol.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
2. Around 06:15 on December 15, 2019, the Defendant driven a car without a car driver’s license in a section of about 4 km from the Do in front of the head office in the Chang-dong in Guri-si to the private graveyard entrance distance of the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation reports on the circumstantial statements of drivers, investigation reports (report on the circumstances of drivers), the ledger of driver's licenses for driving cars using a drinking measuring instrument (A) 112, on-site photographs of the report processing records;
1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes;
1. Selection of imprisonment, with prison labor, for the crime concerned, as set forth in Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (the occupation of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of driving without a license);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;