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(영문) 광주지방법원 2021.02.04 2020고단6161
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 11, 2007, the Defendant issued a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court on September 11, 2007 and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on September 2, 2015. On April 9, 2019, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking driving) at the same court on April 9, 2019.

On August 20, 2020, the Defendant driven the said vehicle under the influence of alcohol by the Defendant, such as: (a) around 01:23, at the front of the Yandong-dong, Yandong-dong, Gwangju, Gwangju, Gwangju, and (b) around 112, the Defendant was reported that the signal of the Bppop vehicle was changed even though the signal was changed; and (c) from the background D, etc. belonging to the police station of Gwangju, the Defendant’s face was red and cross-standing; and (d) the Defendant was under the influence of alcohol.

Even though there is a considerable reason to suspect that he/she has been requested to comply with the measurement of drinking for about 10 minutes from D, he/she has failed to comply with the request of a police officer for the measurement of drinking without any justifiable reason, such as leaving the site, after spiting the measuring instrument, or leaving the spit, after he/she has been requested to comply with the measurement of drinking.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2. On August 20, 2020, the Defendant, without obtaining a driver’s license on August 20, 201:15, driven B-type cargo vehicles from the front of the Gwangju Northern-gu E market to the front of the same sports stadium distance-based driving center at the same 2.1km.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of crackdown on driving drinking, and inquiry of the results of crackdown on driving drinking (Evidence List 23);

1. 112 Reporting case handling table;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (verification of the period of stay of the execution of the suspect and investigation);

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