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(영문) 창원지방법원거창지원 2020.09.02 2020고단133

도로교통법위반(음주측정거부)등

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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 Power] On November 30, 2019, the Defendant driving a B low-speed vehicle with a blood alcohol level of 0.131% under the influence of alcohol on November 30, 201, and was sentenced to a fine of KRW 6,50,000 as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon Branch Branch on April 22, 2020.

【Criminal Facts】

1. On March 18, 2020, the Defendant violated the Road Traffic Act (refluence of measurement) as seen above and was temporarily stopped a vehicle while driving a vehicle B high-speed car in front of the long-term high-speed high-speed car in front of the long-speed high-speed, Chang-gun, Chungcheongnam-gun, Seoul Special Metropolitan City on March 18, 2020.

Accordingly, at around 14:35 on the same day, there are reasonable grounds to recognize that a person was driving under the influence of alcohol, such as C, the background leading up to the Sacho police station dispatched to the site for the handling of the above accident, the blood color of the defendant from D, the crossing snow, and the walking, etc., and so on, they were requested to comply with the drinking test by inserting it into a drinking measuring instrument for three times on three occasions, but they did not comply with the drinking test, such as "I am aware of the width, I d."

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

2. Around 14:20 on March 18, 2020, the Defendant driven a motor vehicle with B low-speed without obtaining a driver’s license at a section of about 2 km from the front of the road in the Chang-gun, Chungcheongnam-gun to the front of the wind ginseng distance in the same military Mari-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. The ledger of driver's licenses;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act (a point of refusal of the measurement of noise), and Article 152 subparagraph 1 of the Road Traffic Act.