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(영문) 제주지방법원 2020.11.05 2020고단2084
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 10, 2012, the Defendant was issued a summary order of KRW 2.5 million by the Jeju District Court for a crime of violation of the Road Traffic Act.

On July 18, 2020, the Defendant was demanded to comply with the drinking test by inserting the drinking measuring instrument three minutes in a while under the influence of alcohol, such as making it possible for the Defendant to recognize that the Defendant was driving under the influence of alcohol, by making a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as making a fluence of a drinking-free vehicle driver, a fluence of a police box of the Seocho-gu Police Station C, which was called after receiving a report of 112 on the front of B on the 19:40 Seopopo-si on the 10 minutes prior to the Seopopo-si Road.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 음주측정을 회피하며 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. On July 18, 2020, a report on the situation of driving under the influence of alcohol, a report on the investigation, a report on the situation of driving under the influence of alcohol, a report on the statement of the status of a driver under the influence of alcohol, a report on the results of the control of drunk driving, a photograph related to refusal to measure alcohol on July 18, 2020, an investigation report (an analysis and attachment by a police officer, at the time of refusal to measure alcohol), a photograph of the closure of a fluor image, a report on the control of drinking driving under the influence of alcohol, an investigation report (in the situation at the time of refusal to measure alcohol by a suspect), a report on the investigation (in the case of refusal to measure alcohol by a police officer), a photograph of a

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order of sound records);

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

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

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