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(영문) 대전지방법원 2020.09.24 2020고단1163
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 15, 2019, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court.

[Criminal facts] On February 18, 2020, the Defendant stopped Bi40 automobiles in three lanes from the underground map of the Daejeon Pungdong-dong, Daejeon Pungdong-gu, the three-lanes of the underground map, which is located in the Daejeon Pungdong-dong, and the police officer who was dispatched after receiving the report 112 confirmed red coloring at the location of the drinking reduction engine that was conducted against the Defendant, and drinking in the entrance. In addition, there are reasonable grounds to recognize that the Defendant driven a vehicle while under the influence of alcohol, such as drinking out, drinking out, drinking out, and drinking out in the entrance. In response to police officer’s voluntary motion, it was caused to the D District of the Daejeon Pungdong Police Station located in Daejeon Pungdong-gu, Daejeon, in response to police officers’ voluntary motion.

The Defendant did not comply with the demand from E in the circumstances of the said district, even though he was required from E in the manner of inserting the 19:13, around 19:35, around 19:40, and around 19:45, respectively, into a drinking-free measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes governing drinking photographs;

1. Relevant Article of the Act on the Crime, Articles 148-2 (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 on probation;

1. An order to attend a course shall be ruled as ordered by the reason of not less than Article 62-2 of the Criminal Act;

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