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(영문) 청주지방법원 2020.06.04 2020고단351
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

Defendant,

1. On December 24, 2019, around 21:37, 201, a person was required to comply with a drinking test by inserting the D Zone Team belonging to the Chungcheongbuk-gu Police Station at the site on the ground that there are reasonable grounds to recognize that he/she driven CLIM 110 Oba while under the influence of alcohol, such as the roads front of the Seo-gu Seowon-gu, Chungcheongnam-si, Cheongju-si, the snow of the time, the rhythm, the rhym, the strhym, and the failure to walk without proper walking, and to comply with a drinking test by inserting the D Zone Team belonging to the Chungcheongbuk-gu Police Station at the site on two occasions from 20:39 to 20:49 on the same day without justifiable grounds,

2. On December 24, 2019, at around 23:38, 2019, he/she was asked to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument from around 23:39 on the same day, while driving the above Orab, and finding it as D district located in F in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, and making a demand against police officers who made a drinking control on the same ground as described in paragraph (1). However, even though he/she was requested to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for the same reason as described in paragraph (1), he/she did not comply with a police officer’s request for a drinking test by expressing his/her intention of refusal of a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the control of drinking driving, and reports on the actual state of each drinking driver;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (2) and 44 (2) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The punishment corresponding to the criminal liability of the defendant who refused to measure drinking by repeated sentencing for the reason of sentencing in Article 62-2 of the Criminal Act is imposed, and the fact that the error is in depth against the wrongness, the fact that the economic situation and health conditions are hard to support the family, and that it is supported by the family in 198.

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