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(영문) 수원지방법원 여주지원 2020.07.21 2020고단747

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 27, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act, etc. at the credit branch of Suwon District Court on March 27, 2012. On September 14, 2018, the Defendant was issued a summary order of three million won by the same court as a crime of violation of the Road Traffic Act.

On June 11, 2020, at around 22:34, the Defendant reported 112 while driving a C Tbluri vehicle on the front side of the Gyeonggi-gu Gyeonggi-gun B, and was exposed to E, Assistant F, and Assistant G.

The Defendant refused to put in a drinking measuring instrument without any justifiable reason, even though he was required to comply with a drinking testing method by inserting the breathm in a total of six times from G from the above slope G, etc. to 22:34 to 23:12, on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as a fluoring, snickly and snickly, with the face, and with red.

As a result, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason despite the fact that he violated the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report internal investigation and report internal investigation (as regards suspected crimes A self-harm and items using equipment, the same records as suspects);

1. Relevant provisions of Article 148-2 (1) and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture under Article 62-2 of the Criminal Act shall take into account the unfavorable circumstances, such as the same type of crime, type of conduct, etc. for the reason of sentencing, but the fact that the time is human and reflects, and the fact that the driver does not drive drinking again, etc., into consideration favorable circumstances

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.