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(영문) 전주지방법원 2021.03.18 2020고단1647

도로교통법위반(음주측정거부)

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The punishment of defendants shall be two years.

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 March 13, 2018, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Jeonju District Court.

On June 24, 2020, the Defendant received 112 reports on the driving of alcohol in front of the C church located in Yongsan-gu, the front city of the front city of the front city on June 24, 2020, and received a demand for the measurement of drinking in a manner of inserting the Defendant’s face into the drinking measuring instrument on the grounds that the Defendant’s face is red and smelled from the police officers belonging to the police department of the Busan National Police Station D police Station of the front city of the front city of the front city of the front city of the front city, for the reason that he was able to take a heavy drinking from

However, the Defendant was driving under the influence of alcohol because he did not comply with the demand while breathing.

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.

The Defendant violated Article 44(1) or 44(2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (related to refusal of measurement by a suspected suspect, etc.);

1. Notification of the results of regulating drinking driving;

1. Investigation report (related to the verification of CCTV for crime-prevention);

1. (A) Application of a written inquiry about criminal history, etc. (A) An investigation report (Attachment to a summary order with criminal history);

1. Articles 148-2 (1), 44 (1) and 44 (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 provided for in Article 62-2 of the Criminal Act;

A person who has been sentenced to a fine No. 1 shall be punished.

Since the character and conduct of drinking driving repeated and the degree of alcohol concentration cannot be known by refusing the measurement, the responsibility is heavy.