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(영문) 창원지방법원 2020.11.30 2020고단3129
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

On October 29, 2013, the Defendant issued a summary order of KRW 3 million at the Changwon District Court for a crime of violation of the Road Traffic Act, and on December 21, 2018, the Defendant received a summary order of KRW 2 million from the Changwon District Court for a crime of violation of the Road Traffic Act.

1. On August 11, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) around 13:15, 2020, the Defendant driven a F Lastren vehicle without obtaining a driver’s license from the front of a restaurant in the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si to the front of the D apartment E-dong parking lot.

2. On August 11, 2020, at around 13:15, the Defendant was demanded to comply with the drinking test by inserting the breathr vehicle into a drinking measuring instrument on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as driving of a fstroper vehicle at the front of the Da apartment E-dong parking lot in Sungwon-gu, Sungwonwonwon, Police Station G police box at the Changwon, and the Defendant appeared to have a drinking reaction through the drinking reduction device from the police officers under the jurisdiction of the police officers belonging to the Changwon, the Changwon, Police Station G box at the Changwon, and the breath of the face.

Nevertheless, the Defendant avoided the foregoing police officer’s words “one time,” “I cannot see,” “I am, I am, I am,” and “I am.”

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, the statement on the circumstances of the driver, the investigation report, the investigation report on the driver's license, the register of the driver's license, and photographs;

1. Previous records: Criminal records, inquiry reports, and the application of the same electric power-related Acts and subordinate statutes;

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) and 44 (1) and (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment for each sentence;

1. The Criminal Act among concurrent crimes.

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