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(영문) 창원지방법원진주지원 2020.08.12 2020고단990

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 March 26, 2020, at around 01:17, the Defendant driven a DMW car in the state of alcohol in the vicinity of a new intersection located in the 144-6 knife-ro of the same Gun office in the vicinity of a new intersection located in the 144-6 knife of the same Gun office, and dMW car was parked in the road near the new intersection.

Accordingly, upon receiving the 112 report, “any person opens a door,” the police officer F of the Hadong Police Station and the police officer G was dispatched. There was a considerable reason to recognize that the Defendant was driven while under the influence of alcohol, such as smelling and smelling, red, and a string.

피고인은 같은 날 03:34경부터 위 경찰관들로부터 음주측정을 요구받았으나 음주측정기에 숨을 내쉬는 시늉만 하다가, 같은 날 03:50경 경찰관이 음주측정기 불대를 교체하는 틈을 이용하여 송림공원 방면으로 도주하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statements, investigation report, and list of cases reported under 112 of the Liquors Act;

1. Application of investigation reports (Attachment of control photographs of police officers visiting the site), investigation reports (Attachment of photographs related to the route of operation of a vehicle under command and operating hours), and Acts and subordinate statutes;

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (i.e., confession, absence of the same criminal records, the environment of the defendant, etc.);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;