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(영문) 춘천지방법원 2021.02.15 2020고단1363
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

[Power of crime] The Defendant issued a summary order of a fine of KRW 1.5 million at the Chuncheon District Court on November 3, 2017, and a fine of KRW 4 million at the same court on October 12, 2018 for the same crime.

[2] On October 6, 2020, the Defendant, from around 00:40 on October 6, 2020 to around 1.5 km-purged vehicle from around 1.5 km to the front road of the C University in Chuncheon-si, the Defendant used a cafeteria-purg vehicle in the section of approximately 1.5 km to the front road of the C University in Chuncheon-si, and installed a vehicle on the second line in the direction of master’s distance from the C University.

In danger of an accident, a driver was able to take a horse, but snicked, but snicked, 112 reported and 112, and snicked to the Defendant from the background F, etc. of the E District belonging to the Chuncheon Police Station E District, the Defendant was snicked with an incorrect, and the pedestrian was snicked with an unsatisfy, etc.

There are reasonable grounds to determine a seal, and it was demanded from 03:23 to 03:37 on the same day to respond to the measurement of drinking alcohol by inserting the whole in four times in total, but it was rejected, and it did not comply with the demand of the police officer for the measurement of drinking alcohol without justifiable grounds.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Report handling table, inquiry of the results of crackdown on drinking driving, report on the situation of the driver at drinking, and report on the situation of the driver at driving;

1. On-site photographs related to drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related Acts and subordinate statutes;

1. Article 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act applicable to the facts constituting an offense and Articles 148-2 (Selection of Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.

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