beta
(영문) 수원지방법원안산지원 2020.11.11 2020고단3263

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 became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 22:50 on July 19, 2020, the Defendant 1153 on the coast along the city of Heung-si, and 2:50 on the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the west of the 112 Report and sent the said vehicle on the road in the vicinity of the west of the west of the west of the west of the west of the west of the Republic of Korea. The Defendant refused to comply with the request of a police officer for alcohol measurement by means of taking a drinking measuring instrument without any justifiable reason, and failed to comply with the request of a police officer for refusal of drinking, etc. on the west of the 112th of the same day.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement (report on the circumstances of the driver), report on the handling of the report case No. 112 as a result of the Regulation of Drinking Driving, and report on the investigation of the defendant's oral statement (for example, video recorded by police officers at the field);

1. Previous records before ruling: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (examination of the same kind of force);

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

1. Discretionary mitigation Criminal Act;