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Defendant shall be punished by imprisonment for a term of two years and two months.
Reasons
Punishment of the crime
"200 Highest 164"
1. On July 8, 2020, the Defendant was issued a summary order of KRW 8 million on July 28, 2020 as a crime of violation of the Road Traffic Act (driving) at the Youngju District Court’s Youngdong Branch on July 28, 202, when driving a vehicle under the influence of alcohol of 0.091% of alcohol level.
Around 22:50 on August 20, 2020, the Defendant reported on August 20, 2020 on the street B in front of the Yancheon-gun, Chungcheongnamcheon-gun, the Defendant: (a) and refused a police officer’s request for a lawful drinking test by means of a police officer, on the following grounds: (b) there is a reason to suspect that the Defendant driven under the influence of alcohol by drinking, such as smelling alcohol from an slope D belonging to the House C District of the Rocheon Police Station, which was called out after having been reported on August 20, 202, such as "influened, driving, and suspected drinking"; (c) there is a reason to suspect that the Defendant driven under the influence of alcohol by drinking, such as smelling alcohol, and
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
나. 2020. 8. 27. 범행 피고인은 2020. 8. 27. 11:25경 충북 옥천군 E 앞 노상에서 “교통사고가 났는데 상대방 음주 같다.”라는 112 신고를 받고 출동한 옥천경찰서 C지구대 소속 경사 F와 같은 지구대 소속 경사 G로부터 술 냄새가 나고 얼굴에 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 의심할만한 사유가 있어 같은 날 11:45경까지 약 20분 동안 4회에 걸쳐 음주측정을 요구받았으나 “뭘 이런 걸 해, 난 안 할래.”라고 말하며 경찰공무원의 정당한 음주측정요구에 불응하였다.
Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.
C. On September 3, 2020, the Defendant received a report on September 14, 2020, around 14:10 on September 3, 202, 112, that “the vehicle in the vehicle of traffic accident and the other party drinking” in front of the H in the Hacheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do. The Defendant snife and snife on the face of the Defendant, who was called out after receiving the report from I.D.