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(영문) 수원지방법원 2019.01.30 2018고단7148

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On April 10, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court, and on July 27, 2018, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek District Court’s site, and was sentenced to two years for a suspended sentence on August 4, 2018, and the said judgment becomes final and conclusive and conclusive during the suspended sentence.

【Criminal Facts】

1. Around 02:00 on November 10, 2018, the Defendant was driving a Category C-II cargo vehicle while drinking alcohol on the front of the road in front of the C-II at the time of harmony. At the same time, the Defendant driven the said cargo vehicle at the front of the C-II police station to find out and control the drinking control at the front of the police station, and escaped about 500 meters from the front to the D-way, and the said police officer stopped the said vehicle from the front of the C-V vehicle.

At around 02:57 on the same day, the Defendant asserted that he was not driving, while driving with the above police officers, and there was a reasonable ground to recognize that he was driving under the influence of alcohol, such as drinking, snicking, routing, and breathing on the face, the Defendant was demanded to comply with a drinking test by inserting four minutes of alcohol measuring instruments into a drinking measuring instrument for four minutes during the period between 15 minutes and 15 minutes.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for sobage measurement.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) from around 19:30 on November 9, 2018 to around 19:50 on the road from around 7 km to the “Dowon Sports Park” parking lot located in the administrative Ri of the local Eup in the same city and from around 2:30 on the same day to around 2:40 on the same day.

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