도로교통법위반(음주측정거부)
Defendant shall be punished by imprisonment for not less than two years and six months.
However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 2, 2010, the Defendant issued a summary order of KRW 2.5 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.
Around 00:12 on November 20, 2019, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument three minutes in total, on three occasions between approximately 25 minutes, while driving CM5 automobiles in front of B on the road. There is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, red, and inaccurate, from the Gyeonggi-Pacific Police Station Guard guard and the process E belonging to D.
Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds by evading personal information statements, brinse, alcohol testing, etc.
As a result, the Defendant violated the regulations on prohibition of drinking driving or prohibition of refusal to measure drinking at least twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;
1. Investigation reports (fields);
1. Previous records of judgment: Application of criminal records, repeated statements and investigation reports (a copy of summary order of sound driving) Acts and subordinate statutes;
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. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by taking into account all the factors such as the fact that community service and order to attend lectures can have the history of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act, refusing to measure drinking, making a confession of and reflect against the crime, the distance of the defendant's driving, current situation of the defendant's age, and other factors such as sentencing prescribed by Article 51 of the Criminal Act