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(영문) 수원지방법원 2020.01.16 2019고단5867
도로교통법위반(음주운전)등
Text

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 July 21, 2017, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On September 13, 2019, the Defendant violated the Road Traffic Act (driving) in light of the Defendant’s statement to the effect that he was found to have driven under the influence of alcohol in light of the following: (a) around 112, after having received a 112 report to the effect that he was a person driving under the influence of alcohol on the roads of Suwon-si, Suwon-gu, B, and Dried on the roads of drinking on September 23, 2019; (b) he did not comply with the request for a alcohol measurement by means of inserting a drinking measuring instrument, cutting off a drinking measuring instrument, cutting it into the body of a police officer, avoiding the influence of alcohol, making an inaccurate, unsatising, and making it difficult for the police officer to take the influence of alcohol without justifiable grounds.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. On September 13, 2019, the Defendant, at around 23:33, driven a e-learning car owned by the Defendant without obtaining a driver’s license in a section of about 2 km from around the water station near the water station located in 924 at Suwon-si to the place indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. On-site photographs;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act (a point of refusal of the measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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