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(영문) 부산지방법원 동부지원 2020.07.23 2019고단2214

도로교통법위반(음주측정거부)

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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 November 19, 2019, at around 22:20, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument four times in total, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as a breath, a breath, and a driver, a police officer of the Busan Shipping Station Eth, the Busan Shipping Police Station, who was called for the first floor parking lot of the above apartment, while driving the 1km from the 1km section to the 1st floor parking lot of the same Gu C apartment from the Busan Shipping Daegu Building (Seoul Metropolitan City) to the 1st floor parking lot of the same Gu C apartment.

Nevertheless, the defendant did not properly put the part of the drinking measuring instrument into the drinking measuring instrument so that the defendant avoided the drinking measurement and did not comply with the request for the drinking measurement by the police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of an employer-employed driver, and report on the entry into an employer-employed driver;

1. Investigation report (Refusal of sealing and attaching photographs);

1. Previous records: The application of criminal records, inquiry and other 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act refers to the circumstances unfavorable to the defendant, such as the fact that the criminal defendant was not weak in light of the circumstances and contents of the crime of this case, and that the defendant was punished by a fine due to drinking driving in 2014, etc.

However, the fact that the defendant is against the wrongness, there is no record of criminal punishment exceeding the fine, and the defendant's age, character and behavior, environment, motive or background of the crime, means and methods of the crime, contents and results of the crime, and all other conditions of sentencing as shown in the records, such as the circumstances after the crime.