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(영문) 춘천지방법원 2020.11.19 2020고단912

도로교통법위반(음주측정거부)등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

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 July 20, 2017, Defendant A was issued a summary order of KRW 3 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Defendant A

A. A. A. On May 9, 2020, the Defendant stopped while driving Eschnton car on the front side of “D” located in Gangwon-gun D, Gangwon-do on May 10:47, 202. On the other hand, the Defendant: (a) was asked to comply with a drinking test by inserting alcohol in a drinking measuring machine on the ground that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as drinking, drinking, walking, and walking incomplete; (b) the Defendant did not comply with the request for a drinking test by inserting alcohol in a drinking measuring machine; and (c) the Defendant failed to comply with the request for a drinking test to the effect that “A police officer was unable to see the police officer’s driving under the influence of alcohol”; (b) the Defendant did not have a sense of diculing the above vehicle while measuring the 112 report, and did not comply with the request for a drinking test by means of measuring the vehicle; and (d) the police officer’s refusal to comply with the request for a drinking test.”

B. On May 10, 2020, the Defendant: (a) called on May 10, 202, to avoid punishment after failing to comply with the demand for alcohol measurement; and (b) asked to the Defendant that “Absoned by drinking but refused to take a alcohol measurement. However, the Defendant was present at the police station to make a statement that he/she was driving instead of driving.”

B knowing that the defendant committed a crime subject to a fine or heavier punishment by drinking driving, B is about 11:00 on May 12, 2020 and about 10:24 on May 21, 202, the Judicial Team of the Human Police Station shall be two times on two occasions.

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