도로교통법위반(음주측정거부)
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
[criminal power] On June 5, 2006, the defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong branch branch. On October 6, 2009, the same court issued a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act. On May 21, 2015, the Busan District Court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.
【Criminal Facts】
Around 19:00 on April 15, 2020, the Defendant was required to comply with a drinking test by 4 times from 19:51 on the same day, including the Defendant’s demand to comply with a drinking test by inserting alcohol measuring instruments from 19:36 on the same day to 19:51 on the same day, while driving a D liquid sports freight vehicle on the front side of the Busan Si/Gu, which was called after receiving a report on a drinking-free driving. The Defendant was required to comply with a drinking test by not later than 19:51 on the same day.
Nevertheless, the Defendant avoided the so-called so-called so-called so-called a drinking measuring instrument and did not comply with a police officer's request for a drinking test without justifiable grounds.
Summary of Evidence
1. Report of the defendant's legal statement 112 case handling table, notification of the results of the regulation of drinking driving, report on the situation of drinking drivers, the ledger of use of drinking meters, and report on the circumstances of drinking driving;
1. Investigation report (report on the situation of a driver), investigation report on a violation of the Road Traffic Act (Refusal of the measurement), investigation report (defluence telephone), field photographs of the scene of the investigation report (C CCTV confirmation in the G), photograph of the suspect driving vehicle, photograph of the suspect driving vehicle, image-flopping, photograph of the H CCTV image caps in the H CCTV parking lot, and photographic
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on investigation reports (verification of criminal records of a suspect A);
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;