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(영문) 인천지방법원 2020.10.28 2020고단5965

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 12, 2006, the Defendant issued, at the Incheon District Court, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving). On October 8, 2015, the above court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving), and on January 24, 2018, the above court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On June 18, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) around 13:15, 2020, the Defendant driven a Bsch Rexton car without obtaining a driver’s license from the road located in the 42-lane 41, Michuhol-gu Incheon Gyeong-ro, Incheon, to the road located in the 42-gil 36, 42-gil 36, the same Gu-ro.

2. On June 18, 2020, at around 13:52, the Defendant was required to take a drinking test by inserting CK3 cars parked in the place after receiving 112 report due to the fact that the Defendant driven a Bschton car at the 42-lane 36, Michuhol-gu, Incheon, Michuhol-gu, Incheon, while drinking on the road, and was parked in the place, to respond to the drinking test by inserting them two times in the manner of inserting it.

Nevertheless, as the above police officers, the Defendant did not comply with the request for a so-called alcohol test by a police officer without a justifiable reason, by avoiding the requirement by singing “I will not see who is in the military and take a so-called so-called “I will not take a alcohol test.”

Summary of Evidence

1. A written statement of the defendant in court;

1. The circumstantial report, investigation report, and notification of the results of the crackdown on drinking drivers;

1. Registers of driver's licenses;

1. Before judgment:

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