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(영문) 청주지방법원 2020.11.27 2020고단1519
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 became final and conclusive.

Reasons

Punishment of the crime

On May 12, 2020, the Defendant received 112 reports on the front of the petition-gu B, Cheongju-si, B, and received 112 reports on the front of the site, and received Cheongju-gu, Cheongju-si, Cheongju-si, and received 112 reports from the Cheongju-gu, the Cheongju-gu, the Cheongju-si, who was parked in the front of the ENA-si, by the Defendant while driving a ENA-si car, and there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant's drinking-free after drinking alcohol reduction, and received requests for drinking measurement by inserting it into four times in total, such as the first measurement at around 21:55 on the same day, the second measurement at around 22:00 on the same day, the third measurement at around 22:05 on the same day, the fourth measurement at around 22:10 on the same day, and the fourth measurement at around 4 occasions.

Nevertheless, the defendant refused to take a drinking test, such as not having been a breathr, and failed to comply with the police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to photographs by reporting a circumstantial statement of a drinking driver, reporting a traffic accident as a result of the control of drinking driving, photographs at the scene of an accident, photographs refusing to measure drinking, and CCTV-caping;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the criminal defendant has no history of criminal punishment heavier than a fine for traffic crime, and that the criminal defendant is recognized to commit the crime in this case and does not repeat the crime in the future);

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