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(영문) 수원지방법원 성남지원 2020.05.22 2020고단62

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On May 28, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 7 million for a violation of the Road Traffic Act, at the Suwon District Court on December 26, 2008, to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 26, 2008, and on November 19, 2014, to a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the gender south support of the Suwon District Prosecutors’ Office at the Suwon District Court on November 19, 2014.

【Criminal Facts】 On December 13, 2019, while under the influence of alcohol at around 02:00, the Defendant driven a motor vehicle at approximately 90 meters away from the G apartment parking lot in Seongbuk-gu, Sungnam-si to the roads front of the branch of Sungnam-si B apartment zone, Sungnam-si, and did not comply with a police officer’s request without justifiable grounds by explicitly refusing to comply with a police officer’s request, without any justifiable reason, by failing to comply with a request for a measurement of drinking in a manner that makes it possible to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, drinking, walking, walking, and walking immediately from the police box of the branch of the branch police station, to which the Defendant was affiliated, under the influence of alcohol, at around 02:0 on December 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports (Refusal of measurement), on-site photographs, outdoor images, reports on the status of drivers, statement of the situation, investigation reports (for example, No. 5), and investigation reports (for viewing visual images at the time of refusal of measurement);

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, previous dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is three times as the defendant's drinking operation.