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(영문) 대전지방법원 서산지원 2020.05.07 2019고단1311
도로교통법위반(음주측정거부)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 October 19, 2018, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on October 19, 2018.

【Criminal Facts】

1. On September 30, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving a F SM3 car from around 200 meters to the front road of the E Public Security Center located in D in D at the time of the Jinjin-si on September 30, 2019.

2. Violation of the Road Traffic Act (Refusal to measure a drinking level) requires the Defendant to respond to a drinking test by inserting the fM3 vehicle while under the influence of alcohol as described in the preceding paragraph at the time and time set forth in the preceding paragraph, and the Defendant failed to comply with a request for a drinking test by a police officer without justifiable grounds, even though the Defendant was in compliance with a drinking test by inserting the fM3 vehicle in the manner of making it possible to recognize that the Defendant driven the vehicle under the influence of alcohol from police officers, such as the head of the police station G G belonging to the Siljin Police Station in front of the E Public Security Center in Jinjin-si, in front of the E Public Security Center in Jinjin-si, by drinking, sniffing, booming the snow on the face, and making a flow of snow and breathing, etc. three minutes from September 30, 2019 to 21:04.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. The CD images refusing to measure;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (the act of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the act of driving without a license) and the selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reasons for sentencing in Article 62-2 of the Criminal Act are the same as the accused.

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