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(영문) 부산지방법원서부지원 2020.08.26 2020고단1155
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 of the final judgment.

Reasons

Punishment of the crime

On June 5, 2008, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine of KRW 1,000,000 due to a violation of the Road Traffic Act (driving). On October 17, 2012, the same court received a summary order of KRW 2,00,000 due to the same crime. On August 14, 2013, the Defendant was sentenced to a suspended sentence of KRW 2,00,000 for the same crime.

On May 10, 2020, the Defendant received a report at a point of 100 meters at the bottom of the Mascamba-dong located at the Gangseo-dong of Busan on May 22 and 30, 2020, and received a demand for a drinking test from the Busan Police Station security and traffic of the Busan Police Station and the police officers belonging to B to the B to find that the Defendant was under the influence of alcohol due to an inaccurate, inaccurate, long-distance, heavy, and heavy breathly, and was in the influence of alcohol on three occasions from 22:33 to 22:48 of the same day.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

After all, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

On May 10, 2020, the Defendant: (a) around 22:48 at the bottom of the exit area of Samsagu in Busan on May 10, 2020, 10: (b) requested a drinking test from the death and injury police station B slopeD, and Police Officer C to take a drinking test, stating that “I ambling son, whether I am son, I am shot, I am shot, I am shot, I am shot, I am shot, I am shot, I am shot, and I am shot, I am the head at one time.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the crackdown on drinking driving.

Summary of Evidence

The defendant's legal statement of "20 Mada1155" is examined as a result of the crackdown on drinking driving, the circumstantial statement of the drinking driver, the investigation report (the circumstantial report of the drinking driver), and the investigation report.

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