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(영문) 대전지방법원 천안지원 2021.01.13 2020고단3044
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 2, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from a water source method source.

피고인은 2020. 8. 19. 02:07 경 천안시 서 북구 B에 있는 C 편의점 앞 도로를 술을 마신 상태에서 D 펠 리 세 이드 승용차를 운전하다가 승용차에 시동을 켠 채 앉아 있던 중 음주 운전 신고를 받고 출동한 천안 서북 경찰서 E 지구대 소속 경위 F, G로부터 주 취 상태에서 자동차를 운전하였다고

If there is a reasonable reason to determine the person, he/she was requested to respond to the breath test, but he/she was not driving, but failed to comply with the request for a breath test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The criminal place;

1. Report on the circumstances of drinking alcohol and report on the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act was sentenced to a fine due to the crime of violating the Road Traffic Act, the defendant's refusal to measure the drinking by a police officer, the fact that the defendant recognizes the crime, and the fact that the defendant sold the vehicle of this case, etc.

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