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(영문) 전주지방법원 2021.01.21 2020고단1482

도로교통법위반(음주측정거부)

Text

The punishment of defendants shall be one year and four months.

The execution of punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2020, at around C convenience stores located in 01:30 on June 29, 2020, the Defendant driven under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking on the face, from the slope E belonging to the Dolle Police Station of the Busan National Police Station, in front of the convenience stores located in Yasan-si, the Defendant was driving under the influence of alcohol, after receiving a report from 112 that the Defendant driven under the influence of alcohol.

For about 20 minutes, there was a reason to see that it was demanded to conduct a drinking test by inserting the whole in a drinking measuring instrument for about 20 minutes.

However, the defendant did not comply with the demand.

The defendant is in such a drunken condition.

A person who has a reasonable ground to be appointed as a person has not complied with the pulmonary examination of a police officer without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 148-2 (2) and Article 44-2 (2) of the Road Traffic Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To recognize errors in the determination of punishment under Article 62-2 of the Criminal Act in relation to protection observation and attendance order;

There is a criminal experience of a fine of six times and two times of suspended execution.

A person who has continued to drive a motor vehicle in a brupt manner shall be subject to criticism that he/she has refused to undergo a survey even after the report is filed and drinking is discovered.