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(영문) 수원지방법원 2020.01.09 2019고단5529

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 6, 2007, the defendant was issued a summary order of KRW 1 million with a fine of KRW 2 million with a fine of KRW 2 million with a penalty of violating the Road Traffic Act at the Jung-gu District Court on June 2, 2008, a summary order of KRW 2 million with a fine of KRW 5 million with a fine of KRW 5 million with a penalty of violating the Road Traffic Act at the Jung-gu District Court on August 13, 2014, and on August 28, 2019, the judgment became final and conclusive on September 2, 2019.

【Criminal Facts】

1. On August 2, 2019, at around 01:05, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to comply with the measurement of alcohol by inserting a drinking measuring instrument over about 10 minutes, on the ground that there exist reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as taking the fluence from the circumstance of the D police box called at the site, while driving a motor vehicle on the road bended by B-ro, B-ro, Ma-ro, with a snick, while driving the motor vehicle on the road at the site.

Nevertheless, the Defendant refused to put the whole in a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without any justifiable reason.

2. Around August 23, 2019, the Defendant violated the Road Traffic Act (free license) driving of a vehicle at C low-speed without obtaining a driver’s license at a section of about 374 meters from the front road of the F Village of Macheon-si to the front road of Macheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Inquiry the results of the control of drinking exclusively;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (Attachment of a summary order for traffic crimes), summary orders, investigation reports (the fact that they are concurrent crimes), written judgments, records of search by the Supreme Court, records of personal confinement (A), and written judgments.

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