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(영문) 청주지방법원 충주지원 2020.02.18 2020고단13
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

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 April 13, 2012, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on April 13, 2012

【Criminal Facts】

1. On December 15, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement) at a railroad crossing located in 3-6-6, a new road by Chungcheongju on December 15, 2019, after receiving a report on 112, stating that “the vehicle is standing on the wooden rail,” the Defendant was required to take a alcohol test on the ground that there is a reasonable ground to recognize that the Defendant driven the vehicle under the influence of alcohol, such as a fluoring distance on the railroad, from the slope C belonging to the Chungcheong Police Zone B, of the Chungcheong Police Station B, which called “the vehicle is standing on the wooden rail.”

Nevertheless, the Defendant: (a) stated, “I dnish, dnish, dnish, dnish, dnish, dnish, dnish,” and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, such as having to escape at the site.”

2. 공용물건손상 피고인은 2019. 12. 15. 08:10경 제1항 기재와 같이 음주측정에 불응하며 도주하려다가 도로교통법위반(음주측정거부)죄로 현행범인으로 체포되어 D 순찰차에 탑승한 채로 충주시 E에 있는 충주경찰서 B지구대에 도착한 후 “니들 나 강제로 구속 시킨거야. 니들 가만 안 둔다.”라고 말하면서 위 순찰차의 오른쪽 뒷좌석 유리를 발로 걷어찼다.

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, to cover KRW 332,00 in the repairing cost.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Written estimate;

1. Blus and ct video cd;

1. Criminal records: Criminal records, reply reports (A), investigation reports (reports on the confirmation of the same kind of power), and application of Acts and subordinate statutes of summary order;

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