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
On November 27, 2011, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on December 23, 2011, the same court issued a summary order of five million won for a violation of the Road Traffic Act (refluence of measurement). On November 21, 2014, the Defendant issued a summary order of five million won for a violation of the Road Traffic Act (refluence of measurement) at the same court, and on July 8, 2015, the Defendant issued a summary order of seven million won for a fine by the same court as a violation of the Road Traffic Act (refluence of measurement).
At around 20:10 on November 20, 2019, the Defendant was asked to stop from police officers of the Ansan Police Station E who called out after receiving a 112 report that the Defendant is suspected of driving a D car in front of the C cafeteria located in Ansan-si B, while driving the D car in front of the C cafeteria located in Ansan-si.
At least 20:20 on the same day, the Defendant, at the same time, refused a police officer’s legitimate demand for the measurement of alcohol without justifiable grounds for about five minutes, such as expressing his/her intention of refusal, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as a breathous distance, in which he/she is influorous, inaccurate, and so on, that he/she was influorous, and that he/she was influorous.
As a result, the defendant did not comply with a request for the measurement of alcohol without any justifiable reason in violation of the Road Traffic Act more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The Criminal Act, the suspension of execution;