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(영문) 부산지방법원동부지원 2020.11.13 2020고단1442
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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 July 5, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court’s branch branch branch, and on July 19, 2017, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act by the same court on July 19, 201.

【Criminal Facts】

At around 22:10 on March 30, 2020, the Defendant was involved in the accident that shocked the facilities, such as chemical powder in the location where the Defendant driven a D low-priced car on the front of “C” located in Suwon-gu, Busan.

Although the Defendant received a report from the Chief F of the police station of Busan Coast Guard, who was called upon upon 112, was required to comply with a drinking test for the reason that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol such as smelling and smelling on the face of the police station, the Defendant did not comply with a request for a drinking test by a police officer by means of escape while accompanying for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records as stated in the ruling on a circumstantial statement of a host driver and a report on detection of a host driver: The application of Acts and subordinate statutes to criminal records, etc.;

1. Relevant Articles 148-2 (1), (2), and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the circumstances unfavorable to the defendant, such as the fact that the defendant committed the crime of this case, and the fact that the defendant was sentenced to a fine in 2017 relatively recently, by drinking driving, etc., in addition to criminal punishment as stated in the judgment, even though he had a previous criminal record in 2004 in addition to criminal punishment, and caused damage to another person's equipment while driving the drinking alcohol of this case.

However, the defendant's mistake is against the defendant, and the family and branch members of the defendant are against the defendant's wife.

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