도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for a term of one year and two months.
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
[Criminal Power] On February 11, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.
【Criminal Facts】
1. On April 12, 2020, the Defendant was required to comply with the measurement of alcohol in a manner of inserting alcohol in front of the “C” alcohol test, which is located in the Sulsung B at around 01:09 on April 12, 2020, after receiving a report on the suspected suspicion of drunk driving, and thus making it possible for the Defendant to recognize that he was driving under the influence of alcohol, such as smelling from E by a policeman affiliated with the Sulsung Police Station, gnife, booming the eye on the face, making it difficult to recognize that he was driving under the influence of alcohol.
Nevertheless, the defendant explicitly stated that "I will make it an absolute proportional distribution," and he did not comply with the police officer's demand for alcohol testing without any justifiable reason by avoiding it.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
2. The Defendant refused to take a drinking test at the time and place of the foregoing paragraph (1) above, and attempted to break away from the scene, and attempted to break away from the scene, and committed assault, such as the Defendant’s head receiving the head of the police station at one time as the head of the Defendant’s head, by arresting the police officer on an act in the line of duty while moving to the patrol lane while on duty.
As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases and the arrest of flagrant offenders.
Summary of Evidence
1. A written statement of the defendant E in the court statement of the defendant E in the court and a written statement of the police concerning F (54 pages);
1. On-site photographs of a report on the circumstances of the owner;
1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (a summary order and similar matters attached to a judgment) and Acts and subordinate statutes;
1. Criminal facts;