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(영문) 춘천지방법원 2020.11.10 2020고단914
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On January 15, 2010, the Defendant issued a summary order of KRW 2,00,000 as a crime of violation of the Road Traffic Act in the Chuncheon District Court on January 15, 2010 (see, e.g., evidence record) (see, e., Supreme Court Decision 2009Da5271).

Criminal facts

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) on August 1, 2020 (see Article 12 of the Evidence No. 12 of the Record) the Defendant, while driving a DNA Lone Star motor vehicle in the Chuncheon B apartment Cdong parking lot of Chuncheon City (see, e.g., Disposition No. 12 of the Record) on August 1, 202, there are reasonable grounds to recognize the Defendant to have been driving under the influence of alcohol, such as drinking, drinking, snicking, snicking, and so on, the Defendant was found to have been driving under the influence of alcohol. Accordingly, even though the Defendant was requested by a police officer belonging to the E police station in the Chuncheon City E police station zone to comply with a drinking test by putting the breath in the form of breath in the form of breath, a police officer, the Defendant attempted to leave the scene, and by avoiding it in the same way as explicitly stating that “A drinking measuring is “IGH,” the above police officer did not comply with a request for drinking measurement without justifiable reason.

2. No person who violates the Punishment of Minor Offenses Act shall, while under the influence of alcohol, engage in a riotous or disorderly act by uttering or doing rough words or conducts at a public office;

Nevertheless, the defendant is arrested on the charge of violating the Road Traffic Act (Refusal of measurement) under paragraph (1) and investigated.

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