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(영문) 대전지방법원 천안지원 2020.05.08 2020고단177
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On June 7, 2018, the defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the support of the Daejeon District Court on June 7, 2018.

On December 27, 2019, at around 20:50, the Defendant received a report from the 112-round 20:00 on the roads near the Gaun Park Park Gaon Park in front of the Asia-si, and on the 112-round 20:0, the Defendant failed to comply with the alcohol alcohol measurement by inserting the vehicle into the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as the E belonging to the D District Unit of the Gaun Police Station D, which was called out by the Defendant, and that the walking was red on the inside of the inside, etc.

The facts charged are stated as follows: “I must do so immediately after the investigation is completed,” and “I do not have to drive the vehicle in distress,” but this is merely a fact that is irrelevant to the gender of a crime, and as the defendant contests this, I shall delete it to the extent that it does not infringe the defendant’s right of defense.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. Reports on the occurrence of traffic accidents, site photographs of accidents, reports on the circumstantial statements of drinking drivers, and inquiry into the results of crackdown on drinking driving;

1. Application of a reply to inquiries, such as criminal records, and the application of two copies of the relevant summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that it is difficult to prove and punish a drunk driving with a high social risk and that it is not good to commit a crime that promotes the light view of public authority.

In the past, even though the defendant was fined twice due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

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