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(영문) 의정부지방법원 2019.11.27 2019고단3423

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by imprisonment for one year.

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

On February 12, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

The Defendant, at around 01:40 on July 5, 2019, driven D-hoer car on the front of the “C” road located in the Jung-si, the Government-si, and at around 02:06 on the same day following the day when the Defendant was able to be recognized as driving under the influence of alcohol, such as making a statement to the effect that E operating the above restaurant was “the Defendant was making a drinking-free driver” and making a drinking-free driver, etc., on the road at around 02:06 on the same day, and there are reasonable grounds to believe that he was driving under the influence of alcohol, such as drinking-free driver, he did not comply with the drinking-free measurement by a police officer without any justifiable reason, even though the Defendant avoided the demand from G belonging to the F Zone of the Government Police Station called to the scene of the accident and from H for about 1

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Inquiry into the results of the control of drinking driving;

1. Investigation report (Evidence Nos. 34);

1. Previous records before ruling: Application of criminal records, inquiry reports, and copies of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. There is a record of punishment for drinking driving even before the defendant's reasons for sentencing Article 62-2 of the Criminal Code of the Order to Attend the lecture.

Nevertheless, the driver was under the influence of re-driving, and thereafter did not comply with the police officer's request for a measurement of drinking.

However, the fact that the defendant is recognized as committing a crime, the fact that the defendant is faced with the situation where the defendant is economically difficult and has family members to support, and the majority of the defendant's will want to leave.