도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for a term of one year and four months.
Punishment of the crime
On December 29, 2016, the Defendant was sentenced to ten months of imprisonment by the Ulsan District Court for a violation of the Road Traffic Act, etc., and was released on September 29, 2017 and passed on October 30, 2017 during the execution of the sentence.
1. The Defendant, at around 17:55 on November 15, 2019, sent a traffic accident to Ecoos car that had been parked at the parking lot for the building B in Ulsan-gu, Ulsan-gu, to move and park a coos car owned by the Defendant with drinking alcohol.
At around 18:15 on the same day, the Defendant: (a) was under the control of drinking driving on a motor vehicle by drinking alcohol from D and driving a motor vehicle from a policeman affiliated with the Ulsannam Police Station C District District of the Ulsannam Police Station; (b) prevented the police vehicle; and (c) committed assault on the left side of the said D on one occasion while taking a bath.
As a result, the defendant interfered with legitimate execution of duties concerning traffic control by police officers and prevention of traffic hazards.
2. Violation of the Road Traffic Act (Refusal of measurement) was arrested and taken in custody of a flagrant offender under suspicion of obstruction of performance of duties, such as the statement of paragraph (1), at the Ulsan-gu Police Station C District District of Ulsan-gu, Ulsan-gu, Seoul-gu, and then requested the police officer to respond to a request for measurement of alcohol by inserting alcohol measuring instruments three times in a manner of inserting alcohol in a breath, such as a breath and a breath distance, on the ground that there are reasonable grounds to recognize the defendant as having driven under the influence of alcohol, such a breath, etc., on three occasions, but the defendant did not comply with a request for measurement of alcohol without justifiable grounds
Accordingly, the suspect violated the prohibition of driving under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. The actual condition survey report and the actual condition report of the driver;
1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;