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(영문) 제주지방법원 2020.04.24 2020고단272
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 record] On December 31, 2014, the Defendant issued a summary order of a fine of three million won at the Jeju District Court for a violation of the Road Traffic Act, and on January 18, 2016, the same court issued a summary order of a fine of six million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) in violation of the Road Traffic Act (Dangerous Driving) (Dangerous Driving).

[Criminal] Around 10:03 on January 25, 2020, the Defendant was driving a CK7 vehicle while drinking alcohol on the road located in Seopo-si B, Seopo-si, Seopo-si, 2020, and the said vehicle was returned to the vehicle by shocking the road boundary seat. Accordingly, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act by failing to comply with a police officer’s demand for the measurement of drinking alcohol without justifiable grounds, due to considerable grounds to recognize that the passenger was driving under the influence of alcohol, such as the Defendant’s response to drinking alcohol reduction from the slopeF called to the above hospital for the investigation related to traffic accidents during the course of shipping back to D Hospital.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Report on the occurrence of a traffic accident prepared by police officers, report on a traffic accident, report on 112 incidents, notice on the results of the control of drunk driving, report on the circumstance of a drinking driver, and report on an investigation (report on the circumstances of a drinking driver), respectively;

1. Each image of an accident site photograph and a photograph related to refusal to measure drinking;

1. Previous Records: Statement of inquiry inquiry report made by the police, statement of investigation report made by the prosecutor (including attached documents) of the preparation of the prosecutor's office, the application of the law.

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