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(영문) 대전지방법원 2019.04.30 2019고단554

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 13:45, 2019, at around 13:13:45, the Defendant was required to respond to the alcohol alcohol measurement by inserting the concealment of the alcohol measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by drinking DNA car, such as smelling from the Defendant, smelling, snicking, walking, walking, etc. from the Defendant.

그럼에도 피고인은 같은 날 14:18경, 14:24경, 14:32경 위 장소에서 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구를 거부하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver report and an investigation report on the actual condition of traffic accidents;

1. Previous convictions in judgment: Application of Acts and subordinate statutes verifying criminal records, amnestys, and reinstatements, of February 28, 2019;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Grounds for a suspended sentence of punishment under Articles 62(1) and 62-2 of the Criminal Act: The punishment power, such as three times of drinking driving and refusal of measurement, etc. < Amended by Presidential Decree No. 1690, Sep. 7, 2000; Presidential Decree No. 1684, Sep. 30, 2000; Presidential Decree No. 16848, Jul. 30, 2002; Presidential Decree No. 17358, Jul. 30, 2002>