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(영문) 전주지방법원 군산지원 2020.04.22 2020고단80
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 Power] On October 25, 2010, the Defendant was issued a fine of two million won as a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court.

【Criminal Facts】

Although the Defendant had been punished for drunk driving as above, on January 9, 2020, at around 22:10, the Defendant was driving from the roads of mutual scam in the aftermath of the Gu C to Ethm from the roads in the 1km to Eth of the Hasan-si, the Defendant: (a) on January 9, 2020, the Defendant was under the influence of alcohol driving; (b) on the ground that the Defendant was under the influence of alcohol, the Defendant was under the influence of alcohol by inserting alcohol to the Defendant from H in the circumstances belonging to the G District of the Hasan Police Station G District of the Hasan Police Station, the Defendant was under the influence of alcohol driving; and (c) on the ground that there was a considerable reason to recognize that the Defendant was under the influence of alcohol, such as a sobaling and a sobaling and a sobaling alcohol reduction reaction, and did not comply with the demand of a police official for refusal of drinking testing by failing to comply with the request of a police official without justifiable reason.

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. A written statement of I;

1. Each internal investigation report, report on the circumstantial statement of a driver of the driving house, investigation report (Evidence No. 5), 112 report, case handling table, evidence photograph;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is to recognize and reflect the crime of this case, and it exceeds a fine.

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