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(영문) 수원지방법원 안산지원 2020.01.09 2019고단4235

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 12, 2004, the Defendant issued a summary order of a fine of one million won at the Suwon District Court for a violation of the Road Traffic Act, and on April 30, 2012, a summary order of a fine of three million won at the Incheon District Court for the same crime.

On October 30, 2019, the Defendant: (a) around 02:11 on October 30, 2019, at the Gyeonggi Police Station: (b) around 02:11, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by a police officer, etc. from a police officer, etc., who was dispatched after receiving a report on a drunk driving, with a fluench, with a string of snow, and with a string of snow, etc.; (b) despite being requested from around 20 minutes from around 02:11 of the same day, the Defendant did not inform all of personal information, etc.; and (c) did not comply with a request for the measurement of alcohol by a police officer by avoiding the

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and criminal records;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the same as the previous one, the time interval between the same military force and the present case, violence is exercised against a person who calls for a drunk driving, and the quality of the crime is bad for the crime to be committed in non-compliance with a police officer's request for alcohol measurement, the revision of the law shows that the level of punishment for recidivism of the crime related to drinking driving is high, it is against the law, and there is a family member to support, and the defendant's age, environment, character