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(영문) 의정부지방법원 고양지원 2020.05.21 2020고단740
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

On September 19, 2019, the Defendant received a summary order of a fine of KRW 10 million for the crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on September 19, 201.

1. Around 02:55 on March 10, 2020, the Defendant was driving a fice-type car without obtaining a driver’s license in a section of about about 10 meters from the street near the C Station located in B to the e-type street of the cafeteria located in D at Pju-si.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was found to have been driven under the influence of alcohol by the police officer, such as smelling, smelling on the face and hiding the above car, at the same time and at the same time, the Defendant avoided the demand of the above police officer to comply with a drinking test by inserting the whole of drinking in a drinking measuring instrument for three times from March 10, 2020 to 03:47:06 to 04:06.

As a result, the Defendant, while under the influence of alcohol, did not comply with a police officer’s demand for alcohol measurement without any justifiable reason despite the history of violating the prohibition of driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver without any license, report on the circumstances of the driver without any license, license, tea, mandatory insurance (A, F) and report on the circumstances of the driver without any license;

1. A inquiry report on criminal records, etc., investigation report (Attachment of criminal records and data of the same kind as a suspect), and application of Acts and subordinate statutes governing summary orders;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act and the choice of imprisonment with prison labor;

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

1. Article 53 of the Criminal Act for discretionary mitigation.

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