도로교통법위반(음주측정거부)등
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 two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On November 28, 2008, the Defendant was sentenced to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act (driving on Motor Vehicle) in the Goyang Branch of the District Court.
1. Violation of the Road Traffic Act (driving) (2020 order780) (the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument three times from 20:28 to 20:40 on March 9, 2020, while driving CM3 motor vehicles on the front road in Gyeyang-gu, Seoyang-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) on March 9, 2020, after receiving a report, to the E officer belonging to the Goyang Police Station D Zone Unit of the Goyangyang Police Station called, and the Defendant was found to have driven under the influence of alcohol, such as drinking, smelling, and snicking on the face. However, the Defendant was required to comply with the demand of the above police officer for the measurement of drinking alcohol during three times from 20:28 to 20:40 on the same day, and did not comply with the demand of the police officer for the measurement of drinking alcohol without justifiable grounds.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
2. On March 9, 2020, the Defendant arrested a flagrant offender at the D District Zone of Goyang-gu, Goyang-gu, Yangyang-gu, as a crime of violation of the Road Traffic Act (Refusal of measurement) on March 9, 2020, and obstructed the police officer’s legitimate execution of duties in relation to the arrest of a flagrant offender by taking into account the left hand floor of F with no justifiable reason under the influence of alcohol while being under protection and management from F.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Investigation report (report on the circumstances of an immigration driver);
1. A photograph of the scene of an accident, such as a photograph of the scene;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);
1. Relevant Articles 148-2(1), 44(1) and (2) of the Road Traffic Act (a) (a point of refusing to measure noise and choice of imprisonment), and Article 136 of the Criminal Act concerning criminal facts;