도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for a term of one year and two months.
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
1. On March 3, 2009, the Defendant has received a summary order of KRW 2.5 million for the violation of the Road Traffic Act, etc. from the Cheongju District Court (Cheongju District Court) on March 3, 2009.
Nevertheless, at around 14:20 on June 13, 2020, the Defendant rejected a police officer’s drinking test without justifiable grounds even though he was required to comply with a drinking test on the ground that there was a reasonable ground to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as a walk-out distance, and that there was a considerable reason to recognize that he was driving a motor vehicle under the influence of alcohol, and that he was required to comply with a drinking test, even though he was required to take a drinking test without justifiable reasons.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
2. The Defendant violated the Resident Registration Act on the date and time limit set forth in paragraph (1) above, in front of Dacheon-si, the name and resident registration number of the Defendant, who was known in advance, demanded personal information by a police officer as a result of the influence of alcohol driving, and the Defendant’s pro-friendly type of “H”.
Accordingly, the defendant used another person's resident registration number unlawfully.
Summary of Evidence
1. The police statement of the defendant concerning H's legal statement, reporting the situation of the driver of the police station, and the family relation certificate notifying the result of the crackdown on drinking driving;
1. Previous convictions indicated in judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes related to criminal investigations;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (a point of refusing to measure a noise level), the main sentence of Article 37 subparagraph 10 of the Resident Registration Act (a point of refusing to use a resident registration number) and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;