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(영문) 부산지방법원동부지원 2020.12.10 2020고단1570

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 June 9, 2020, at around 23:20, the Defendant was found to be exposed to F in charge of the police box belonging to the Busan Southern Police Station Emba in Busan, while driving the D Costaex vehicle while drinking it on the front side of the Nam-gu B apartment Cdong.

At the time, the Defendant was the person who dices alcohol, and the Defendant was smelled, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol due to incorrectness, etc., and was demanded to respond to the measurement of alcohol by inserting the whole dries during four minutes from around 23:25 to around 23:40 on the same day.

Nevertheless, the Defendant: (a) took one time from the body of the police officers to find out his or her married couple, and avoided the sound so that he or she may not take a drinking test; and (b) did not comply with a police officer’s demand for a drinking test without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to inform the departments reporting the accused of the investigation protocol of the police suspect, investigation report (as to the situation at the time of dispatch), investigation report (on the spot photographs and images attached to the refused measurement), notification of the results of the drinking driving control, the statement of the circumstances of the drinking driver, and the report of the 112-case case case as a result of the drinking driving control, to the departments reporting

1. Relevant Articles 148-2 (2) and 44 (2) and (1) 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the various sentencing conditions as shown in the Criminal Act; (b) the Defendant’s age, character and conduct, environment; (c) the motive and circumstances of the instant crime; and (d) the means and consequence of the instant crime;

The favorable sentencing conditions: the fact that the crime of this case is recognized and reflected, and criminal punishment exceeding the fine is imposed.