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(영문) 대전지방법원 공주지원 2019.07.05 2019고단170

도로교통법위반(음주측정거부)

Text

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.

Reasons

Punishment of the crime

On May 14, 2019, at around 21:05, the Defendant was asked to take a drinking test by inserting the backer of the E-high-speed vehicle driven by D which stops at the same time while driving the CM vehicle in front of the B apartment on the front of the public apartment on May 14, 2019, and the Defendant was asked to take a drinking test by inserting it into the fronter of the DM vehicle in accordance with the 112 report to the effect that D’s “the traffic accident occurred and the other party makes drinking while driving the vehicle.” The Defendant was asked to take a drinking test by inserting it in the emergency room at H from around 21:43 to 21:53 of the same day on the same day.

Nevertheless, the defendant took a bath to police officers and avoided it by keeping a drinking measuring instrument in his/her hand, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of, and control note for, a drinking driver;

1. Application of accident video CD-related statutes;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act of the suspended execution (it shall be considered that there is a previous conviction for the same kind of time, but there is room for giving the last opportunity to repent);

1. Order to attend lectures under Article 62-2 of the Criminal Act;