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(영문) 대전지방법원 2020.08.21 2020고단1520
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 3, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Jeonju District Court's Jeonju branch court's branch court.

On March 11, 2020, the Defendant, at around 23:40 on March 23:40, 202, driven a Fworking car at approximately 20km from the front of the “C” week located in Daejeon to the front parking lot of the D Apartment E-dong, and received a report on drinking driving 112, and was dispatched to the said parking lot, and the Defendant Had the Defendant Had the Defendant, who was a police box of the Sejong Police Station, called the said parking lot. The Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument three minutes in a way that it was deemed that the Defendant driven under the influence of alcohol by repeating the said horses.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하여 음주운전 또는 음주측정거부 금지규정을 2회 이상 위반하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place (driving), internal report, notification on the result of the regulation of drinking driving, report on the situation of a drinking driver, circumstantial report on a drinking driver, report on the situation of a drinking driver, 112 reported case handling table, investigation report (in the investigation ofCCTV, the investigation of black images, and investigation into reporter I's statements);

1. Registers of use of drinking meters, registers of driver's licenses for automobiles, making inquiries into the motor vehicles, and mandatory insurance;

1. Previous convictions in judgment: Criminal records, investigation reports (verification once the suspect's drinking record), and application of summary order statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (2) and (1) of the Road Traffic Act of the choice of punishment, the accused who has selected imprisonment with prison labor and his/her defense counsel seek to choose a fine in consideration of the practical danger of the accused, but the risk of drinking driving is very high, and the social harm resulting therefrom is significantly high.

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