도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for a term of one year and two months.
Punishment of the crime
On November 3, 2006, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and on September 30, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million as a fine for the same crime in the same court. On December 16, 2011, the Changwon District Court was sentenced to a suspended sentence of KRW 2 years in imprisonment for the same crime, etc. on December 16, 201, and on February 4, 2015, the Defendant was sentenced to a suspended sentence of KRW 1 year in imprisonment for the same crime.
On October 19, 2019, at around 02:57, the Defendant was required to comply with a drinking test by inserting alcohol in a manner of breathing alcohol measuring instrument while driving a benz CSS40-d vehicle in front of the Young River located in the Yansan City, which was reported by 112, while driving a benz CSSS40-d vehicle while drinking on the road in front of the Young River located in the Yan City, the Defendant was under the influence of alcohol.
Nevertheless, the defendant, after boarding a vehicle again, failed to comply with a police officer's request for a drinking test without justifiable grounds, after the above police officer's request for a driving seat car and a drinking test.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Notification of the result of crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports (report attached to criminal records, criminal records, summary records, judgment, etc. of a suspect A) and statutes;
1. In addition, even though the person was punished as a suspended sentence of imprisonment with prison labor due to the pertinent legal provision on the crime, Articles 148-2(1) and 44(1) and (2) of the Road Traffic Act of the choice of a sentence, a fine twice due to a drunk driving since 2000 when the person was sentenced to imprisonment, a suspended sentence of imprisonment for a single time, a drunk driving, etc., as well as a police officer.