도로교통법위반(음주측정거부)
A defendant shall be punished by imprisonment for two years.
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 January 21, 2015, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for a violation of the Road Traffic Act, and was in force six times of violating the prohibition of drinking driving.
Although the Defendant had the power of violating the prohibition of drinking driving as above, on January 5, 2020, on the 14th national highways of this 14th national highways of this Dan Police Station E District Police Station, which was dispatched by the Defendant after receiving the report of 112, "the driving is suspected of being driven under the influence of alcohol because it was stopped without being damaged by the chief steering of the D Kankn Transport Vehicle", the Defendant was under the influence of driving under the influence of alcohol, such as the Defendant's smelling and smelling on the face of alcohol, driving under the influence of alcohol, driving under the influence of alcohol, and the reaction of drinking so that the Defendant was under the influence of alcohol, and the Defendant did not comply with the drinking test of the police officer on three occasions without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Statement;
1. A copy of the register of drinking meters; and
1. Video CDs taken to refuse to measure alcohol;
1. A report on investigation;
1. Previous records of judgment: Application of each copy of criminal records, reply reports (A), written judgments, and summary order (9 copies) Acts and subordinate statutes;
1. The defendant and his defense counsel asserted that there is no reasonable ground to believe that the defendant is under the influence of alcohol at the time when the defendant is requested to take a drinking test. However, in light of the circumstances revealed by the evidence mentioned above, that the defendant was operating a vehicle in front of a new wall, that is, the defendant reported it to the police, that the defendant was driving a vehicle in front of the new wall, that the defendant was driving a vehicle in front of the new wall, that he reported it to the police, and that the defendant was driving the vehicle on the road, and that the defendant was driving the vehicle on the road, ② at the time of the dispatch of the police, in view of the defendant's horses and actions, etc., it is reasonable to recognize that the defendant was under the influence of alcohol.