beta
(영문) 대구지방법원 2020.08.13 2020고단2160

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

[Criminal Power] On June 26, 2008, the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act at the Daegu District Court on the grounds that he was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act and was punished twice for a drunk driving.

【Criminal Facts】

On April 16, 2020, at around 21:28, the Defendant: (a) driven and parked a car with CKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-k-k

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without any justifiable reason by avoiding it by refusing to put the breath in a drinking measuring instrument because there is no reason to take a drinking test.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report of the criminal defendant's internal history in his/her legal statement (Refusal of measuring, etc.);

1. A report on the state of drinking drivers, the results of the crackdown on drinking driving, and a detailed statement of handling reports filed in 112;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is that the defendant, who has a record of drinking and drinking alcohol, has not complied with the measurement of drinking alcohol by police officers.