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
【Criminal Power】 On September 17, 2004, the Defendant received a summary order of KRW 2 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Chungcheong District Court to a fine for the same crime on August 28, 2013, respectively.
【Criminal Facts of Crimes】 On April 21, 201, the Defendant was required to respond to a drinking test by inserting approximately 12 minutes in the manner of drinking in a drinking measuring instrument three minutes between approximately 12 minutes, including the following: (a) the period during which the Defendant was called upon receiving a 112 report to the effect that “the Defendant’s vehicle is obstructing the Defendant’s way,” while driving a D-II truck at a distance of about 50 meters from the front of the house of the person located B in the Seosan-si, Seosan City to the front of Seosan City.”
Nevertheless, the defendant, by refusing to put in the measuring instruments, failed to comply with the police officer's request for a drinking test without a justifiable reason.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control and the circumstantial statement of a drinking driver;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions for all the sentencing specified in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, criminal record, criminal record and criminal record, circumstances after the crime, etc., are shown to be against the Defendant’s mistake.