beta
(영문) 대구지방법원 경주지원 2019.05.22 2019고단153

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor for the violation of the Road Traffic Act and 2 years of suspended sentence, and the judgment became final and conclusive on February 4, 2016. On June 8, 2016, the Daegu District Court sentenced the Defendant to 10 months of imprisonment with prison labor for the violation of the Child Welfare Act and 10 months of imprisonment with prison labor for the violation of the Child Welfare Act, and the said judgment became final and conclusive on August 27, 2016, the sentence of suspended sentence was also invalidated, and the execution of each of the said punishment was completed at the port of the Port of the Daegu District Court on January 22, 2018.

On December 30, 2018, at around 02:25, the Defendant: (a) was driving a DNA strawing vehicle from around 4 km to the front road in front of the Yongsan-dong on the racing-si on December 30, 2018, from around 02:25, to around 3 16 minutes before the racing-si, and received a report from 112, the police officer belonging to the racing police station, who is suspected to drive a drunk, and was dispatched to the Defendant after receiving the report on the vehicle suspected to drive under the influence of alcohol, and there is considerable reason to suspect that the Defendant was driving under the influence of alcohol, such as the Defendant’s walking, the walking of alcohol, and the walking of alcohol, from around 02:54 to 03:10 on the same day, the Defendant rejected a request for the measurement of drinking alcohol, such as making an explicit request for the measurement of drinking alcohol, without justifiable grounds.

Accordingly, the defendant did not comply with the sobreath test of a police officer as a person who has a considerable reason to recognize that he is under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

1. Report on the circumstantial statements of an employer-employed driver, and report on the entry into an employer-employed driver;

1. Previous convictions: References to criminal records, references to criminal records, judgments and the application of Acts and subordinate statutes concerning personal confinement;

1. Article 148-2(1) of the relevant Act and Article 148-2(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) regarding criminal facts.