도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On July 6, 2006, the Defendant issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on July 6, 2006, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) in the same court on July 30, 2009, and a fine of KRW 3 million in the same court on September 13, 2016, respectively.
At around 23:52 on January 6, 2020, the Defendant caused a traffic accident in front of the tin-ro 1101-ro 11-ro, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, resulting in a traffic sign at which he is running B, Grand City, a traffic sign.
The Defendant was required to comply with a drinking test by inserting alcohol in a manner of inserting it into a drinking measuring instrument three times from around 00:05 on January 7, 2020 to 0:21, on the ground that there are reasonable grounds to recognize that he was driving of the said fluor while under the influence of alcohol, such as red, crossinging, and unsatising and walking unsatised, etc., and thus, he did not comply with a police officer’s demand for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the inspection of occurrence of the case, report on the state of the driver's state, and report on the control of drinking driving;
1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, and summary orders;
1. Relevant Articles 148-2 (1) and 44 (1) and (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. Taking into account the fact that the defendant committed the instant crime even though he/she had a previous and three times of drinking driving, it is necessary to strictly punish him/her for the reason of sentencing under Article 62-2 of the Criminal Act.
However, it is true that the defendant should not commit a second offense while recognizing the crime and reflecting the wrongness.