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(영문) 수원지방법원 2020.08.27 2019고단7308

도로교통법위반(음주측정거부)등

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

[criminal power] On March 27, 2013, the Defendant received a summary order of KRW 5 million from the Seoul Central District Court to a fine of KRW 1,00,000,000 for a violation of the Road Traffic Act, and on December 12, 2018, a summary order of KRW 5 million was issued from the Suwon District Court to a fine of KRW 1,00,000 for a violation of the Road Traffic Act.

【Criminal Facts】

On October 25, 2019, at around 02:25, the Defendant violated the Road Traffic Act (driving) and was demanded four times to comply with a drinking test by inserting alcohol measuring instruments from a slope belonging to the D District Unit of the Seosung-dong Police Station D Zone E of the Sungdong B, the Defendant did not comply with the police officer’s request for a drinking test by avoiding it without justifiable grounds, even though there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking, drinking, drinking, drinking, drinking, drinking, red, and drinking, drinking, etc.

2. Violation of the Road Traffic Act (unlicensed Driving) driving a Cenz vehicle without a driver's license in a section of about 150 meters around the adjacent road B at the time and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (report on the situation of a driver), internal investigation report, photographic images of police officers' cryptic data, and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and copies of each summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of the measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. The Defendant on the grounds of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures is punished by a fine for drinking driving and refusing to measure, in 2013 and 2018, within a short period.