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. The defendant is a person who is engaged in driving a B Kanop vehicle in the case of violation of the Road Traffic Act (after-accident).
around 18:25 on June 1, 2020, the Defendant driven the above van, and proceeded with the "National Highway No. 44 in the vicinity of the Jincheon-gun, Hongcheon-gun, the second degree of relationship," as a classical music.
Since there is a road that is in the length of the side, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle, such as checking whether there is a motor vehicle parked on the side, and accurately operating the steering and steering system.
Nevertheless, the Defendant neglected this and temporarily stopped on the side of the road, and was placed in front of the right side of the Defendant’s driving that the Defendant loaded on the left side of the three cargo vehicles owned by the Victim C.
In the end, the Defendant did not take necessary measures to destroy the above cargo vehicle and leave the site for repair costs by negligence in the course of business as above.
2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was required by the Defendant to respond to the measurement of drinking on the road in front of the “F” located in Hongcheon-gun, Gangwon-gun, Gangwon-do, on June 1, 2020, when he continued to proceed with a traffic accident after drinking alcohol at the above time and at the above location, and on the road in front of the “F” located in Hongcheon-gun, Gangwon-do, Seoul. On June 1, 2020, when the above right side part of the Defendant’s driving is severely damaged, and the Defendant was snicking, etc., while under the influence of alcohol, due to reasonable grounds for recognizing that the Defendant was driving under the influence of alcohol, such as by drinking alcohol.
Nevertheless, the Defendant refused to comply with a request for the measurement of drinking so that he may seriously cause a significant noise to the reporter and the police officer in mobilization, and he may avoid it by explicitly expressing his intention to refuse the measurement of drinking alcohol, such as “I would not refuse to comply with the measurement of drinking alcohol,” without any justifiable reason.