도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for one year.
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
[Minju Driving Power] On December 18, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Cheongju District Court on December 18, 2007, and on August 25, 2017, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving).
【Criminal Facts】
1. Around 02:20 on February 9, 2020, the Defendant was driving a motor vehicle without a motor vehicle driver’s license from the front side of the B apartment zone in Cheongju-si to the front side of the D cafeteria in C.
2. On February 9, 2020, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) around 02:25, 2020, on the front of the “D cafeteria”, the Defendant demanded that the Defendant comply with a drinking test by inserting the breath in a breath of the Cheongju Police Station F District G at the Cheongju Police Station when he received a report of interference with business, and the Defendant made a statement by the reporter or witness that “the Defendant has been driving under the influence of drinking,” and that the Defendant’s blood color was in an inaccurate, inaccurate, and in an inaccurate and irregular manner, when the Defendant was under the influence of drinking.
Nevertheless, at around 02:30 on the same day, the Defendant refused to take the first alcohol alcohol test, and refused to take the second alcohol test on the same day at around 02:35 on the same day, and refused to take the third alcohol test on the same day at around 02:40 on the same day, and refused to take the second alcohol test by police officers without justifiable grounds.
Accordingly, the prohibition of Defendant's drinking driving, etc. was violated not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each of the Acts and subordinate statutes in one copy of the summary order of the prosecution's protocol of statement made by H, the notification of the results of drinking and driving control, the criminal records, etc. of driver's license reports on the situation statement of a drinking driver, the police officer's license records, etc., the Cheongju District Act No. 2007 high-level and 19051, and the Incheon District Court Regulation No.
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;