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
1. On April 19, 2019, the Defendant was under the influence of alcohol in the blood alcohol concentration at around 08:25, and the Defendant was under the influence of alcohol in the middle line of the road at the Seosan apartment parking lot at Seosan-si D, and was under the influence of alcohol in the middle line of the road while driving Crocketing car at the Seosan-si B apartment parking lot.
On April 19, 2019, the Defendant was required to measure the blood alcohol concentration from around 08:36 to 08:41 on the same day, to measure the blood alcohol concentration as a drinking measuring instrument from around 08:36 to 08:41 on the same day, on the ground that the Defendant was found to have driven the drinking, as he was able to recognize that the Defendant had driven the drinking because he was fluencing in the Defendant’s entrance at the time when he was called out after receiving a report from G, a policeman belonging to the F District of the Seosan Police Station of the Seosan Police Station.
Accordingly, the defendant did not comply with the police officer's request for a drinking test by clearly stating his intention of refusal, such as stating that "I see only once," and refusing a drinking test to a police officer who requests a drinking test.
As a result, the Defendant did not comply with a police officer's drinking test without any justifiable reason.
2. On April 19, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 1 km section from the Seosan apartment parking lot to the E danran road located in Seosan City, Seosan City, without obtaining a driver’s license on April 19, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of control of drinking driving;
1. A copy of the usage register of measuring instruments for drinking;
1. The circumstantial statement of the employee;
1. Investigation report (report related to drinking, measuring or refusing to measure a suspect);
1. Investigation reports (related to control points);
1. The ledger of driver's licenses;
1. Application of Acts and subordinate statutes on field photographs to refuse to measure drinking;
1. Article 148 of the Act on the Punishment of Criminal Crimes and Article 148 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018).