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.
Punishment of the crime
The Defendant was issued, at the Gwangju District Court, a summary order of KRW 700,000,000,000,000,000,000,000,000 won for the violation of the Road Traffic Act (driving). < Amended by Act No. 993, Jan. 15, 2010>
On August 9, 2020, the Defendant refused to take a drinking test by means of inserting the whole in a drinking measuring instrument three times from 21:25 to 21:40 on August 21, 2020, even though the Defendant requested a drinking test by means of inserting the part of a drinking measuring instrument three times from 21:25 to 21:40, there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol, such as the circumstances belonging to B district of the B district of the B district of the B district of the B police station called upon receiving a traffic accident report, and the circumstances leading up to C of the B district of the B district of the B police station who called upon
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of drinking alcohol driving, the reason why the defendant refused to measure drinking, the distance and place of the defendant's driving, the defendant's mistake is divided, and the punishment is determined as ordered in consideration of all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime.