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(영문) 수원지방법원여주지원 2020.10.28 2020고단710

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 13, 2009, the defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on February 13, 2009.

At around 00:20 on June 6, 2020, the Defendant driven a D QM6 car from approximately 2 km to the front road of the Yangyeong-gun, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, Yangyang-si, to the front road of the Cju station located in Yangyang-gun B.

The defendant received a report of 112 that there is a trial expense due to drinking driving, and sent out by three police officers, such as E District F, etc. in the position of E District, and did not comply with a police officer's request for the measurement of drinking without justifiable grounds, despite the considerable reasons to recognize that the pedestrian was under the influence of drinking, such as the big distance, etc., and that there is considerable reason to believe that the pedestrian was under the influence of drinking from three police officers, such as E District F, etc. in the position of E District, and that he was under the influence of drinking, and that the pedestrian was under the influence of drinking, such as the big distance, etc.

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

Summary of Evidence

1. Court statements, reports on the results of the regulation of drinking driving, reports on the state of drinking drivers, investigation reports (report on the state of drinking drivers), status of the places where drinking, measurement and refusal is made by the accused; and

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

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a meeting is that the Defendant once again drives drinking, despite two times of drinking driving skills, and the Defendant also refused the police officer’s demand for the measurement of drinking alcohol. Therefore, the relevant crime is heavy

However, the defendant's drinking driving force is 10 years prior to all.

b) these circumstances;