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(영문) 의정부지방법원 2016.06.16 2015고단4019

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 22, 2015, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling red on the face, on the front edge of “D” located in the Government-Si of Gyeonggi-si, Gyeonggi-do on August 19:11, 2015 and reported by the Defendant from F in the situation of the government police station E zone belonging to the Government Police Station in the game called.

In addition, the E District in G in the same city on the same day at around 20:07, the E District in the same city on the same day was requested to respond to the alcohol testing twice, but the E District in the same city on the same day did not refuse it again and did not comply with a police officer's request for alcohol testing without justifiable grounds.

On October 13, 2011, the Defendant was sentenced to a fine of three million won for a violation of road traffic law (drinking) at the Jung-gu District Court on October 13, 201, and was sentenced to a fine of five million won for the same crime in the same court on October 28, 2013.

On November 17, 2015, the Defendant driven a Haban XD car without a driver's license in approximately 200 meters from around 21:45 to around 97-8, Jiban-si, Jiban-si, Jiban-si, the Doctrine of which was 0.181% of alcohol content in blood, from around 200 meters to the 16th Doci Government-si, Eiban-si.

Summary of Evidence

"2015 Highest 4019"

1. Each legal statement of the witness I, F, and J;

1. 112 Notification to a department related to the report of the case;

1. The ledger using sobling measuring instruments;

1. On-site photographs and CCTV video CDs " 2015 Highest 4815";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the circumstances of drivers driving at home, and report on the results of regulating drinking;

1. License register;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (report accompanied by summary order), application of the text of the judgment, and application of the statutes governing the judgment;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking), Article 148-1 (1) 1 and Article 44 (1) of the Road Traffic Act (the occupation of drinking), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The Commercial Concurrent Crimes Act.

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