도로교통법위반(음주측정거부)
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.
Criminal facts
On May 25, 2019, the Defendant, while driving a DNA-learning passenger car under the influence of drinking alcohol from Seo-gu, Daejeon to the Defendant’s house located in Daejeon-gu, Daejeon-gu, Daejeon-gu, caused a separate traffic accident in front of the F in Daejeon-gu, Daejeon-gu.
At around 20:00 on the same day, there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and walking, from the Daejeon Middle Police Station G Ha, etc., which had been found as the Defendant’s residence, the Defendant was demanded to comply with a drinking test by inserting the whole in a drinking measuring instrument at around 20:32 on the same day.
Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on traffic accidents, report on the circumstances of a drinking driver, investigation report, and inquiry into the results of the crackdown on drinking driving;
1. Automobile registration certificate;
1. Application of the Acts and subordinate statutes related to video CDs, such as photographic and drinking refusal, etc., such as accident site and drinking refusal;
1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes; Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes in light of the circumstances in which the crime
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;