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(영문) 대전지방법원 천안지원 2016.12.09 2016고단1539
도로교통법위반(음주측정거부)
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 14, 2005, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on July 22, 2013, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Seocheon District Court's Branch Branch on July 22, 2013, and on April 7, 2014, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

On June 20, 2016, at around 22:08, the Defendant driven a e-sports motor vehicle in front of the west-gu, Seocheon-gu, Seocheon-si D while drinking on the front of the D on the road, and controlled by G by a slope G belonging to the Fal way, the Defendant was required to comply with a drinking test by inserting the drinking measuring instrument seven times from 23:20 on the same day to 02:56 on the same day.

Nevertheless, the Defendant refused to take a drinking test for three times until he/she was subject to a high-ranking therapy, and subsequently, G presented a drinking measuring instrument four times through four times, and failed to comply with a police officer’s request for a drinking test without justifiable grounds, by avoiding it by inserting the measuring instrument four times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witness concerning G;

1. A copy of the report on the statement of the situation of a drinking driver, and a copy of the usage register of drinking measuring instruments;

1. Sovereign photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (examination of criminal records of a suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

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

1. Probation and community service order under the Criminal Act;

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