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(영문) 수원지방법원 평택지원 2014.05.20 2014고단368

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On August 6, 2010, the Defendant issued a summary order of KRW 2 million at the Suwon District Court’s horizontal site as a crime of violation of the Road Traffic Act; the summary order of KRW 4 million at the same court on December 10, 2010; and on February 10, 2012, the Defendant issued a summary order of KRW 4 million at the same court on February 10, 2012 as a crime of violation of the Road Traffic Act; and on October 31, 2012, the Defendant was sentenced to imprisonment of KRW 8 months and a suspended sentence of KRW 2 years for the same court on November 8, 2012, which became final and conclusive on December 8, 2012.

【Criminal Facts】

1. On November 12, 2013, around 01:05, the Defendant violated the Road Traffic Act (recognition refusal) (hereinafter “MM520”), on the front side of the MaM520 vehicle, the Defendant was punished for any costs with other vehicles during the operation of the EM520 vehicle on the front side of the Masung-si (SM), and subsequently received a report from the police officer in receipt of the 112 report, and received a demand for a drinking measurement from the police officer. At the time, the Defendant was snicking, snicking on the face, snicking, and shhinging on the face, and there was a reasonable ground to recognize that the Defendant driven while under the influence of alcohol, such as the speed rhything, around 01:45, around 01:55 and around 02:05 on the same day, the Defendant did not comply with the demand from the G police station, a police officer, to put in a drinking measuring instrument.

2. On November 12, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 01:05, without obtaining a driver’s license, and driving the said car within a section of about 300 meters from the vicinity of the two main entrances located in the front side of the front side of the front side of the front side of the front side of the front side of the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of I, J, K, and L;

1. A copy of the report on proper driving of a drinking driver, the user register of a drinking measuring instrument, and the driver's license register;

1. Previous records: Criminal records and other inquiries, and Acts and subordinate statutes shall be attached to an inquiry report and investigation report (a final judgment, etc.);

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