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(영문) 제주지방법원 2019.11.22 2019고단1588

도로교통법위반(음주측정거부)등

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 record] On October 8, 2014, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court on the charge of violating the Road Traffic Act (driving) Automobile Accident Compensation Act.

【Criminal Facts】

1. On July 26, 2019, the Defendant violated the Road Traffic Act (free license) driving of a motor vehicle at approximately 1 km from the vicinity of the C cafeteria in Seopo-si B to the E-association parking lot in Seopo-si D, Seopo-si without obtaining a driver’s license on July 26, 2019.

2. On July 26, 2019, the Defendant violated Article 44(1) or (2) of the Road Traffic Act by failing to comply with a request to comply with a drinking test by putting the breath in a total of three minutes on the face of the Defendant, on at least three occasions, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a witness who observed and reported the fact that the Defendant was driving under the influence of alcohol by two police officers, such as H and slope I, etc., belonging to the Jeju Autonomous Police Team G box, who was called up after receiving 112 reports that the drinking driver was a drinking driver.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the person involved in the traffic accident prepared by the J;

1. Statement of control details of H preparation;

1. Each entry of the department related to the report of 112 case, the department related to the report of 112 case, the report on the circumstantial statement of the driver, the copy of the use register of drinking meters, and the

1. Each image of a field photograph;

1. Previous records: Entry of inquiry report about police preparation, application of Acts and subordinate statutes to a statement (including attached documents) of investigation report (including previous records and attachment of judgment) on the preparation of a prosecutor's office;

1. Article 1 of the Road Traffic Act and Article 152 of the Decision on the Selection of Punishment: subparagraph 1 of Article 152 of the Road Traffic Act;