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(영문) 대구지방법원서부지원 2020.08.19 2020고단732

도로교통법위반(음주측정거부)등

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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

1. At around 15:50 on February 11, 2020, the Defendant: (a) expressed the victim D’s trucking transport vehicle in front of the livestock shed located in Seongbuk-gun, Seongbuk-gun; (b) stopped the vehicle of the Category C trucking in front of the livestock shed, which he drives on the ground of influencies; and (c) the victim requested the Defendant to deduct the vehicle from the vehicle; (d) however, the Defendant expressed the victim’s desire to “Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YY YY Y Y

Accordingly, the Defendant interfered with the shipping business of the victim by force.

2. On July 18, 201, the Defendant has been sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seog-gu District Court's branch court on July 18, 201.

The Defendant, at the time, at the time, at the place, as described in paragraph (1), was required to comply with the alcohol testing by inserting the breath in a breath of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling and smelling on the face, by driving the C breath of freight vehicles as above, at around 16:32 on the same day, and by the F of the police box belonging to the Seongbuk Police Station, dispatched after being reported at around 112 on the same day, the Defendant did not comply with the police officer’s request for the alcohol testing without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation by the police on each police statement of D, G and H (the situation of refusal of measurement, etc.);

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a summary order attached to sound driving records);

1. Relevant Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of noise measurement), Article 314 (1) of the Criminal Act (a point of obstruction of business), and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 of the Criminal Act: