도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for a term of one year and four 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
[Criminal Power] On November 23, 2012, the Defendant received a summary order of a fine of one million won from the Incheon District Court as a crime of violating the Road Traffic Act (driving).
【Criminal Facts】
On August 4, 2019, at around 23:15, the Defendant: (a) smelled on the road in the Bupyeong-gu Incheon Bupyeong-gu, Incheon on August 4, 2019; (b) walked on the road in front of the Bupyeong-gu, Incheon; (c) the two snow bricks are boomed; and (d) there is considerable reason to recognize that he was driven under the influence of alcohol, such as red view on the inside, etc.; and (b) on the same day from the Incheon Bupyeong Police Station Guard Guard and Security Transport and the background leading up to police officers belonging to B, if it is obvious that the date and time of the offense is a clerical error in the facts charged, it does not violate the principle of no appeal and appeal.
(Supreme Court Decision 2001Do970 Decided March 15, 2002). As such, around 23:21 of the facts charged is corrected at around 23:21, a around 2319;
Around 23:24 of the same day, around 23:28 of the same day, and around 23:34 of the same day, despite being requested to measure alcohol over four times, the same did not comply with such request without justifiable grounds.
around 23:42 on November 30, 2019, the Defendant driven a vehicle EA6 vehicle from the front of the building in Yeonsu-gu Incheon Metropolitan City to the flap road of children's library, under the influence of alcohol concentration of 0.050%, without a driver's license on November 30, 2019.
Summary of Evidence
1. The defendant's legal statement (as against the defendant, 2020 order 248);
1. The circumstantial statement of each host driver, any video CD, and any rejected photograph of measurement;
1. Investigation reports;
1. Notification of the control of drinking driving;
1. The driver's license ledger;
1. Previous records: Application of criminal records and other inquiry reports and investigation reports (Attachment to summary orders for running sound driving) Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts.