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(영문) 청주지방법원 2020.05.21 2019고단2582
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Chungcheong District Court's Chungcheong on December 2, 2013. On August 22, 2014, the Defendant issued a summary order of KRW 10 million at the same court, which was sentenced to a suspended sentence of three years for a year due to a violation of the Road Traffic Act (driving), a violation of the Road Traffic Act (Free Driver), a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and a violation of the Road Traffic Act. On January 21, 2016, the Defendant issued a summary order of KRW 10 million by the

On October 23:01, 201, the Defendant was required to respond to the measurement of drinking alcohol by inserting the hK7 car into the drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant driven the hK7 car from the front of the cafeteria located in the Jincheon-gun, Jincheon-gun, Jincheon-gun at around 22:00 on the same day while under the influence of alcohol, such as smelling alcohol to the Defendant from the slope E belonging to the D police box of the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant was under the influence of alcohol by inserting the hK7 car into the drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath in a drinking measuring instrument, without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The screen of the inspection report on the occurrence of the case, the report on the statement of the status of the driver of the main driving, the investigation report (report on the status of the driver of the main driving), and the CCTV-fa

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (suspects' previous records and confirmations);

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. The society should strengthen the punishment for drunk driving due to the seriousness of the harm caused by the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act and the high recidivism rate of drunk drivers.

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