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 June 12, 2009, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and on March 24, 2015, from the Western Branch Branch of the Daegu District Court to a fine of KRW 7 million as a crime of violation of the Road Traffic Act.
On November 1, 2019, from around 13:00 to 13:26 of the same day, the Defendant was required to comply with a drinking test by inserting alcohol in front of the Superior Dong Administrative Welfare Center located in 130, Seogu, Daegu-gu, Daegu-gu., the Defendant received a 112 report from C, and received from E in the situation where he was affiliated with the D Zone Unit of the Daegu Western Police Station, Daegu-gu, which called the site, to deem that the Defendant driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, and the Defendant’s exposure is not correct, and thus, was required to comply with the drinking test by inserting the whole in a drinking measuring instrument.
Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.
As a result, the defendant violated the prohibition of driving under the influence of alcohol and refused to take a drinking test.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report (the fact of refusing to measure noise);
1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of criminal records before sound driving) Acts and subordinate statutes;
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