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(영문) 광주지방법원 목포지원 2019.05.10 2019고단95
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

On January 17, 2019, around 06:48, the Defendant was driving in front of the “C” on the front of the “C” road located in Sinpo City B, while driving the Dbenz car in a drinking condition, and caused a traffic accident involving Eone Star car parked on the front part of the said vehicle, which was parked on the road, and the Defendant was exposed to G with a witness’s notification that the drunk driving is doubtful.

The Defendant, in his body, snicked with red eye, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a snick distance with red light and sniffed on the face, etc., and accordingly, the Defendant was requested from the above police officers to comply with the measurement of alcohol by inserting the whole breath of alcohol in a total of three minutes from around 06:58 on January 17, 2019 to around 07:10 on the same day, but did not comply with such request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. A report on the occurrence of a traffic accident, a report on the actual condition, and related photographs;

1. Application of video-related Acts and subordinate statutes to suspect, musical playing;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects the penalty;

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

1. In light of the fact that the defendant did not have the same power for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, but was parked in the central line while driving a vehicle while driving in the station, and was locked after stopping, the defendant needs to be subject to strict punishment corresponding to the responsibility for the crime in light of the risk of drinking driving done prior to the instant crime.

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