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 became final and conclusive.
Punishment of the crime
On August 31, 2006, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 3 million for the same crime, and from the Western Branch Branch of the Daegu District Court on February 2, 2015 to a fine of KRW 3 million for the same crime.
Criminal facts
On March 31, 2020, from around 05:33 to 06:02 on the same day, the Defendant was required to comply with the alcohol alcohol measurement by inserting the whole five times in a total of five occasions, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as the Defendant’s speech and behavior from an slope D belonging to the Daegu Seo-gu Police Station C, which called out after receiving a 112 report from around 05:3 to around 06:02, and the Defendant was suspected of driving under the influence of alcohol.
Nevertheless, the defendant means to the effect that "if a police officer drives a vehicle in Korea, but only once," and the police officer's request for a measurement of alcohol is explicitly rejected and rejected.
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. Investigation report (investigation into images which have refused to measure);
1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);
1. Relevant Articles 148-2 (1) and 44 (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 on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant acknowledges his/her mistake and does not repeat the crime in reflect his/her mistake