도로교통법위반(음주측정거부)등
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 May 30, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act, and on July 25, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for the same crime.
【Criminal Facts】
1. On April 16, 2020, the Defendant violated the Road Traffic Act (refluence of measuring a drinking level) starting from the road near the school district of Gangnam-gu Seoul on April 22:45, 2020 and driving at the vicinity of the 2nd Kancheon Station, the Defendant failed to comply with a request of a police official for a drinking test by continuously evading a drinking test by means of his own phone and continuously evading a drinking test without any justifiable reason, even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a light-distance, a red, and a shocking snow, etc., while driving at the vicinity of the 2nd Kancheon-gu Seoul Metropolitan Government Educational Police Agency, which was suspected of drinking.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
2. Violation of the Road Traffic Act (Free Driver’s License) without obtaining a driver’s license for a motor vehicle from the date and time set forth in paragraph (1), the Defendant driven a B-ho vehicle from the 30km section to the 14.7km away from the 2nd educational dynamic in Gangnam-gu Seoul Metropolitan City to the point of 14.7km in the Sinung-do.
Summary of Evidence
1. Report on the fact-finding statement by the defendant on the defendant's statutory statement, investigation into the register of driver's licenses (verification of documentary evidence and video products related to non-compliance with the direction measurement and confirmation of driving distance);
1. Previouss before judgment: Criminal history records;