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(영문) 수원지방법원 여주지원 2019.09.23 2019고단676
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(Criminal) On June 27, 2001, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the inn branch of Suwon District Court on June 27, 2001, and a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) from the inn branch of Suwon District Court on July 17, 201, respectively.

(Criminal Facts)

1. On July 8, 2019, between around 02:25 and around 02:32, the Defendant driven a DNA car while under influence of alcohol to the extent that it is impossible to identify the blood alcohol content from around 1.5km to the front of the “C” in the front of the public parking lot located in the doju-si.

As the E district guards, etc., who were dispatched after receiving 112 reports to the effect that "driving a drinking alcohol" would be asked to ask questions as to whether a person drives a drinking alcohol from E district guards F, etc., they mean that "a person who has driven a drinking on behalf of the driver will drive a motor vehicle", and the fact of driving a drinking on behalf of the defendant, the fact of drinking a drinking alcohol, the snick, the string, and the string of the defendant's entrance, and there are reasonable grounds to recognize that a person driving a drinking under the influence of alcohol was under the influence of alcohol, such as drinking, drinking, drinking, and the string, the string, the string, and the string of the string, and the string, and the string of the string, the 2019 from around 03:0 to July 04:0, 201, but did not comply with a drinking test by avoiding the measurement without justifiable grounds.

2. Although the Defendant violated the Road Traffic Act (unlicensed driving) was in a state of suspension of the validity of the driver’s license from June 24, 2019 to August 12, 2019, the Defendant driving of the said D-do motor vehicle at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, investigation report (report on the state of drinking drivers), photographic materials, and the report on the state of drinking driving;

1. CCTVs for crime prevention reports;

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