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(영문) 제주지방법원 2020.11.24 2020고단2150

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

[criminal record] On July 25, 2014, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts of Crimes] On August 12, 2020, the Defendant driven a e-mail car at B (JEP) on August 12, 2020, and went into the d-section at the e-mail of the city of Jeju, depending on the e-mail as one-lane, and led to a traffic accident corresponding to the front part of the vehicle of the E (63 years old) driving, which was driven in the opposite direction due to the negligence of driving the central line, while driving at the e-mail beach at the e-mail of the city at the city of Jeju.

On August 12, 2020, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice by failing to comply with a police officer’s request for the measurement of alcohol without any justifiable reason, even though he was required to comply with the demand for measurement of alcohol by inserting all three times during the period from the police officer H belonging to the Jeju East Police Station G police box called upon 112 to 10:25 of the same day, on the grounds that there is considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as smelling, inafluening, snating, singinging, etc., by drinking alcohol, by failing to comply with a police officer’s request for measurement of alcohol without any justifiable reason.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident by police preparation, report on 112 reported cases, investigation report, circumstantial statement of a drinking driver, report on the results of the drinking driving control, notification of the results of the driving control, and report on a traffic accident, respectively;

1. Each image of an accident site photograph, and of the related photograph;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to an investigation report made by the prosecution (including attachment of summary orders of the case of sound driving);

1. Relevant Articles of the Act concerning the facts constituting the crime;