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(영문) 수원지방법원안산지원 2020.12.09 2020고단3834
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

except that 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 20, 2017, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on October 20, 2017.

【Criminal Facts】

1. Around 01:12 on January 26, 2020, the Defendant received 112 reports from the head of the Ansan Police Station C commander of the Ansan Police Station C police station, who called out, and was in the influence of alcohol, and was demanded to comply with the alcohol measurement by inserting the whole of the drinking meters three minutes during the influence of alcohol in the influence of alcohol, such as drinking, smelling, photographing, red, rhhing, etc.

Nevertheless, the defendant means that "it is impossible to take a drinking test because he/she drank alcohol after a traffic accident," and clearly expresses his/her intention to refuse a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

2. On January 25, 2020, the Defendant was aware of the fact that the Defendant committed a crime corresponding to a fine or heavier punishment by destroying and destroying the accelerator car and escaping without any measure, while driving the G K7 car on the road in front of the Hasan-si, Ansan-si, Ansan-si, which was parked in the GK7 car.

Nevertheless, the Defendant made a false statement to D Gyeong who investigated the above traffic accident in the course of refusing to comply with the request for alcohol measurement at the time and place set forth in paragraph (1) that the Defendant was making a traffic accident while driving the above K7 car, and the above case is being investigated at the transportation investigation team office of the Ansan-gu Police Station in Ansan-si on February 13, 2020 and 10.

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