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(영문) 전주지방법원 군산지원 2020.02.07 2019고단1239

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 of the final judgment.

Reasons

Punishment of the crime

On September 20, 2019, at around 01:45, the Defendant: (a) driven a BM car under the influence of drinking from the home flusium in the BM car located in front of the BM car to the front road of the house 1035 (Decree-dong, 1035) located in the BM car located in the BM car in the BM car in the following: (b) on September 20, 2019; and (c) on the same day, there are reasonable grounds to recognize that the Defendant driven the vehicle under the influence of drinking, such as smelling, smelling, sniffing, reding, and rhing the face; (d) on the same day, around 02:01 on the same day; (c) around 02:06 on the same day; and (d) around 202:14 on the same day, the Defendant failed to comply with a request of a police official for a drinking measurement by inserting the drinking measuring method three minutes on three occasions.

Accordingly, the Defendant violated the drinking driving regulations under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (2) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (it takes into account not only the fact that a person drives a motor vehicle at once in 2005 and 2016, even though he/she was punished twice due to drunk driving, etc., but also the fact that the situation after the crime is not good, such as throwing away the vehicle, arresting the person who is a breath in the

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the crime is recognized and reflected, the fact that there is no less punishment than the fine, other consideration of the defendant's age, character and conduct, circumstances of the crime, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;