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(영문) 대전지방법원 2020.09.10 2020고단2044
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

[Criminal Power] On October 9, 2007, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On April 8, 2020, at around 14:14, the Defendant: (a) driven a CEX car parked in the vicinity of the residence of Daejeon, after drinking alcohol at around 800 meters; (b) moved to a “E” restaurant located in the same Gu D; (c) reported that drinking would be doubtful; and (d) reported that driving would be doubtful, the Defendant did not comply with a police officer’s request without justifiable grounds by: (a) having reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as drinking alcohol and drinking on the face of the Defendant from G from a police officer belonging to the F Zone of the Daejeon District Police Station of the Daejeon Middle-gu Daejeon District Police Station called to the said restaurant; (b) around 14:40 on the same day, around 10 minutes, in a manner of injectinging the drinking measuring machine into the drinking measuring machine for three minutes; and (b) failed to comply with a request for drinking alcohol measurement by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each statement of H and I;

1. Report on the circumstantial statement of a drinking driver, a written statement of control, a notice of the results of the drinking driving control, a notice of the department related to the reporting of the 112 Incident, a photograph of the suspect at the time of reporting, a photograph of the suspect who refuses to measure the second drinking, a photograph (No. 24, 25, 26) of the suspect who refuses to measure the second drinking, a photograph of the suspect who refuses to measure the second drinking, a photograph of the suspect's vehicle (No. 28,29), a photograph of the suspect's vehicle (No. 28,29), a photograph of the suspect's vehicle (no. 30, 31, 32), a photograph of the suspect's vehicle (no. 112 reported), a statement of the handling of the 112 Incident, a statement of the results of regulating the drinking Driving, and an investigation report (C) on the suspect's vehicle.

1. Previous convictions in judgment: Each criminal history record, inquiry report, attachment of the same type of summary order, and application of statutes of one copy of the summary order;

1. Criminal facts;

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