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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 27, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million for the same crime from the same support on June 27, 2013.
On May 17, 2020, the Defendant was driving from the construction site B at Seosan-si to the road in front of C apartment, and the Defendant was on the start-up of the said car from F, etc. A while stopping the said car, the Defendant was on the operation of the said car from F, etc., a police officer belonging to the E zone of the Seosan Police Station E zone belonging to the Seosan Police Station, and was on the Defendant’s report on the driving of the vehicle. The Defendant was in an inaccurate and inaccurate state of walking, and there was considerable reason to recognize that he was driving under the influence of alcohol, such as he was under the influence of alcohol, due to a considerable reason to recognize that he was driving under the influence of alcohol, such as he was under the influence of alcohol, under the influence of alcohol for about twenty-two minutes.
Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of control of refusal to measure drinking;
1. Relevant photographs;
1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);
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 as ordered shall be determined by comprehensively taking into account the criminal records of the accused with the reason of sentencing under Article 62-2 of the Criminal Act, the background and distance of the driving, the circumstances of refusal to measure drinking, and the age, character, conduct and environment of the accused;