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(영문) 대전지방법원 공주지원 2021.03.30 2020고단469

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 15, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the same court.

[2] On September 12, 2020, the Defendant: (a) was arrested at the front of F in the city of Gongju on September 22, 202 by the Defendant at around 22:50 on the same day to D, who was suspected of driving alcohol at around 22:38; (b) was under the influence of alcohol, such as drinking with a little face of red and inaccurate; (c) the Defendant was arrested at around 22:50 on September 12, 202 to the seat of the C District; and (d) was driven under the influence of alcohol, such as the Defendant’s smelling at the Defendant’s entrance and drinking with a little face.

If there is a reasonable reason to recognize it, the police officer demanded an immediate measurement of drinking, but it shall not be subject to the regulation of drinking prior to one year.

I see the word ".........." without measuring drinking at the site of drawing time, it was voluntarily accompanied to the C District in G at around 23:00 on the same day.

피고인은 같은 날 23:20 경 위 지구대 내에서, 위 경찰관으로부터 재차 음주 측정을 요구 받았음에도 불구하고 10회 넘게 물을 마시며 측정시간을 지연시키다가, 같은 날 23:25 경부터 23:53 경까지 위 경찰관으로부터 약 10분 간격으로 4회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 불구하고, 빨대를 부는 시늉만 하며 입김을 제대로 불어넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

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

Summary of Evidence

The defendant's legal statement to the effect that a police officer's failure to comply with a police officer's request for drinking, as stated in the facts

1. The witness D and H’s statement control report, the situation report on the driver’s situation at the main place and investigation report (the driver at the main place).