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(영문) 대전지방법원 서산지원 2020.01.22 2019고단1018

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 October 6, 2015, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On January 31, 2019, the Seoul Southern District Court received a summary order of KRW 4 million from a fine of KRW 1.5 million for a violation of the Road Traffic Act.

1. 도로교통법위반(음주측정거부) 피고인은 2019. 9. 1. 01:16경 서산시 B에 있는 C주차장 앞 도로에서 술을 마신 상태로 D 그랜저 자동차를 운전한 직후 전조등을 켠 채로 정차하고 운전석에서 졸고 있던 중 이를 발견한 행인의 112신고로 출동한 서산경찰서 E파출소 소속 경위 F 등으로부터 피고인에게서 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 15분 동안 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the Defendant refused to put the part of a drinking-free measuring instrument into a drinking-free measuring instrument, and failed to comply with a police officer’s request for a drinking-free measurement without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving twice.

2. Around 23:00 on August 31, 2019, the Defendant driving a DNA motor vehicle without obtaining a driver’s license from a 4km section of approximately 4km from the west-si, Seosan-si, Seosan-si, to the front road of the C parking lot in Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), the selection of imprisonment for each sentence;

1. Aggravation for concurrent crimes;