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(영문) 수원지방법원 안산지원 2020.05.07 2020고단1094

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 00:25 on March 9, 2020, the Defendant violated the Road Traffic Act (free license) driving of a vehicle without obtaining a driver’s license in a section of about 820 meters from the front of the “Cmaart” road located in Ansan-si, Ansan-si B to the front of the “E” located in the same Gu D, and driving of a F towing vehicle.

2. On May 15, 2019, the Defendant was sentenced to a suspended sentence of three years in one year and six months by imprisonment for a violation of the Road Traffic Act or a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court as of May 15, 2019.

On March 9, 2020, at around 00:46, the Defendant received 112 report that the drinking driving is doubtful on the front of the 'E' road located in Ansan-si, Ansan-si, and received the Defendant’s request to comply with the drinking test by inserting approximately seven minutes of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face of the Defendant, from the police officer belonging to the Ansan-gu, Ansan-gu, Police Station G police station, which called up, and making it possible to recognize that he was driving under the influence of alcohol.

Nevertheless, the Defendant refused to comply with a police officer’s request for sobreath test without justifiable grounds by evading it in such a way that the Defendant was sealed in his/her hand, falls on the roadside, and did not put the breath in the breath, and did not put the

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

3. At the date and time, at the place specified in the above paragraph 2. 2., the Defendant: (a) expressed that I would like to listen to the Defendant’s statement against the Defendant J, a police box affiliated with the G police box; (b) “I would like to be able to listen to the Defendant’s daily behavior; and (c) I would like to say, “I would be prone to the instant crime; and (d) I would like to look at I’s item on his hand with his hand; and (d) I would like to buck the Defendant’s right-hand buck in the back seat of the patrol. I would like to walk twice by arresting the Defendant as a flagrant offender committing the crime of obstruction of performance of official duties.

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