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(영문) 전주지방법원 2020.09.10 2020고단339
도로교통법위반(음주측정거부)
Text

The punishment of defendants shall be one year.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2020, at around 02:35, the Defendant was required to take a drinking test by inserting the breath in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving Eanb while under the influence of alcohol, such as the Defendant’s face from 112 police officers of the Yansan Police Station C District Unit of the Yansan Police Station, who called out after receiving a report that “the drinking male would stop the vehicle and take time expenses.” The Defendant was required to take a drinking test by inserting the breath under the influence of alcohol.

그런데 피고인은 음주측정기에 입김을 불어넣는 시늉조차 하지 않으며 회피하였다.

The defendant did not follow the drinking test by a police officer without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports;

1. Provisions of the Act on the Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act;

1. Recognition of errors in the determination of punishment under Article 62 (1) of the Criminal Act;

There is a long-term criminal record that has been sentenced to one fine.

The environment, circumstances, etc. of the defendant, such as the obstruction of section 5, economic situation, etc. shall be considered.

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