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(영문) 춘천지방법원 2021.03.09 2020고단1417

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

The defendant was issued a summary order of KRW 2,00,000 on December 29, 2008 (see evidence record No. 64th) by the Chuncheon District Court on December 29, 2008.

Criminal facts

On November 17, 2020, the Defendant, at around 03:28 (see, e.g., evidence record No. 22) around 03:28, the Defendant, in his own residence of the Defendant in Chuncheon apartment B apartment house C, and the Defendant, “(it is possible to be the Defendant) was driven by a vehicle (i.e., a vehicle owned by the Defendant) that was parked before early, and escaped with another vehicle that was parked (i.e., a vehicle that was parked).

“A person who was reported 112 and was driven under the influence of alcohol by the Defendant from F of the position of the Chuncheon Police Station E District Team (see, e.g., evidence record No. 24th page) of the Defendant, who was sent to the Defendant’s seat, such as the Defendant’s breath and breathing the Defendant’s face.

Even though there is a reasonable reason to recognize that it is necessary to respond to the measurement of drinking by inserting the breath in a breathr, it is required to comply with the measurement of drinking more than three times.

"A police officer did not comply with a request for measurement of drinking without good cause by avoiding this means "a police officer", and thus did not comply with the request

As a result, the Defendant violated each prohibition of drinking driving and refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness statement in G;

1. 112 Reports, records of the processing of reported cases, on-site photographs, and statements made under the circumstances of the drivers of primary drivers;

1. Judgment.