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(영문) 전주지방법원 군산지원 2021.03.10 2020고단901

도로교통법위반(음주측정거부)

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 29, 2008, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of Road Traffic Act (driving) at the Gunsan Branch of the Jeonju District Court on January 29, 2008, and KRW 2 million as a fine for the same crime at the above court on December 12, 201.

On May 31, 2020, the Defendant was under the influence of liquor in the post-U.S. B apartment house located in the area near the Simsan-si, Simsan-si, the Defendant was under the influence of driving and parking the Cho-do car.

Drinking driving is doubtful.

“A driver was driven under the influence of alcohol by a police box affiliated with the military police station D, which was called upon 112 report, by a person under the influence of alcohol, such as smelling, smelling, breathing, influence in an inaccurate manner.

Though there is a reasonable reason to determine the person, it is required to respond to the alcohol testing method by inserting the breath in a drinking measuring instrument several times for about 20 minutes, but it is required to measure the breath of the inside;

Does it reported the operation of internal driving;

Whether it is a vessel investigation;

“A Study was refused to take a drinking test.”

As a result, the Defendant did not comply with a police officer’s demand for a alcohol test without any justifiable reason, with a person who violated the prohibition of driving under influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic death reports, such as refusal to measure drinking, on-site photographs, notification of the results of crackdown on driving drinking, report on the circumstances of the driver at drinking, and investigation report (report on the circumstances of the driver at drinking);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A);

1. Relevant legal provisions and Articles 148-2(1), 44(2), and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Orders to provide community service and attend lectures;