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(영문) 인천지방법원 부천지원 2021.02.26 2020고단4689
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 history] On May 30, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on February 28, 2013, a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (drinking measurement refusal) in the support of the Suwon Frigwon method, respectively.

[2] On October 13, 2020, the Defendant was under the influence of alcohol, such as following: (a) while driving a F F F F F F F F Ffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffffff

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole 10 minutes into a drinking measuring instrument three times in total.

Nevertheless, the Defendant carried a drinking measuring instrument in his hand, and “I am unable to see if I am, I am, but I am not driving.”

"A police officer did not comply with a request for a measurement of drinking without good cause, such as rejection of measurement."

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. On-site photographs of the defendant's legal statement, report on the situation of the driver who takes the driving of alcohol, report on the results of crackdown on drinking driving, report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on the scene photographs of the accident taken by the reported person

1. Each investigation report [the main driver's license report, the closure of suspicion of violation of the Road Traffic Act (not taking any measure after an accident), the suspect drives the vehicle due to his/her franchise, respectively, on the vehicle's own investigation report (such as site conditions, etc., and on the dispatch site, etc.).

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