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 becomes final and conclusive.
Punishment of the crime
On September 14, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act in Busan District Court on September 14, 2010, and a fine of KRW 4 million for a crime of violation of the Road Traffic Act in Daegu District Court on October 21, 2013.
On May 19, 2016, the Defendant, at around 13:46 on May 19, 2016, sought a statement from the reporter that a police officer slope C belonging to the racing police station, who was called out after receiving a report on a drunk driving, driven the Defendant, and requested the Defendant to take a drunk test on the ground that he was found to have driven the Defendant under the influence of alcohol due to reasonable grounds to believe that the Defendant was able to have driven the Defendant under the influence of alcohol, because he was seated on the driver’s seat of the Dopoter and snifed on the face of the Dopoter, but the Defendant
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. On-site reports, reports on the results of the crackdown on drinking driving, reports on the circumstantial statements of drinking drivers, inquiry into the results of crackdown on drinking driving, the ledger of use of drinking meters, and on-site photographs;
1. Previous records of judgment: Application of criminal records, inquiry reports (former records, summary orders, and latest suspended judgments) and statutes;
1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing Article 62-2 of the Criminal Act on probation and order to attend a lecture has a record of being punished by a fine for a violation of the Road Traffic Act on two occasions.
In addition, on November 9, 2012, the defendant was sentenced to a suspended sentence of one year for the crime of obstruction of performance of official duties, etc. by the Busan District Court, and the period of suspended execution has not yet passed, and the defendant committed the crime of this case to avoid a legitimate request for alcohol measurement by police officers while driving a motor vehicle under drinking while drinking alcohol.
. As such,