도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not less than eight 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
The Defendant issued a summary order of KRW 9 million at the Seoul Central District Court on September 3, 2008 due to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 22, 2009, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on January 10, 2014, and a fine of KRW 9 million for a violation of the Road Traffic Act (driving) at the Seoul East East District Court on January 10, 2014, and on December 23, 2015, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on December 23, 2015.
On December 25, 2018, at around 02:57, the Defendant driven a Csch Rexroth car under the influence of alcohol at the front of Gangnam-gu Seoul, Seoul, and was demanded to comply with a drinking test by inserting the respiratory for about 10 minutes from around 03:27 to 03:37 of the same day, on the ground that there are reasonable grounds to recognize that the Defendant driven the vehicle under the influence of alcohol, such as smelling from the slope E belonging to the Seoul Gangnam Police Station Down-gu Police Station, who was dispatched to the scene after receiving a report of 112 from the witness, and drinking and drinking at the face, etc.
Nevertheless, the defendant refused to comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment to the previous convictions and court rulings);
1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;