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춘천지방법원 영월지원 2019.10.15 2019고단343

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 July 24, 2019, at around 01:29, the Defendant was required to comply with the drinking test by inserting the drinking measuring instrument three minutes from around 01:31 to 01:47 of the same day to the D apartment parking lot, and the Defendant was required to comply with the drinking test by inserting the drinking measuring instrument three minutes from around 01:31 to 01:47 of the same day, by inserting the drinking measuring instrument, which was sent to the site after receiving a report on the suspicion of drunk driving while driving a motor vehicle under the influence of drinking.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of 15 copies, such as a circumstantial statement of a driver, an investigation report, a field photograph, etc., investigation report (verification of the scope of driving under the influence of a suspect), and 3 copies of a photograph of a blocking video, to the head of a household;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment for one year to five years;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The defendant who was sentenced did not comply with a request for measurement of drinking without justifiable grounds;

Moreover, the Defendant was punished for a fine of KRW 4 million on March 30, 2012 for a drunk driving, and for a fine of KRW 2 million on April 30, 2012 and September 28, 2012 for a fine of KRW 3 million on September 28, 2012.

However, it shall be considered in favor of the defendant to reflect on the fact that the defendant has recognized the crime, and other circumstances of the defendant.