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(영문) 제주지방법원 2020.11.25 2020고단2087
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than 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 February 9, 2001, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on November 1, 2005, a fine of 1.5 million won for a violation of the Road Traffic Act at the Jeju District Court on November 1, 2005, a fine of 4 million won for a violation of the Road Traffic Act at the same court on December 28, 2009, a fine of 4 million won for the same court on November 30, 201, a fine of 4 million won for a violation of the Road Traffic Act (driving) at the same court on November 30, 201, and on January 31, 2019, a fine of 500,000 won for a violation of the Road Traffic Act (no license) at the same court on January 31, 2019.

1. Around 00:03 on July 21, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, at approximately 200 meters away from the B-dong apartment C-dong parking lot to the roads adjacent to the same apartment D-dong parking lot, without a driver’s license.

2. Violation of the Road Traffic Act (refluence of the noise measurement) was difficult for the Defendant to avoid disturbance due to the fact that the Defendant had a parking control boiler on one’s own vehicle in the apartment complex at the time and place under paragraph (1) of this Article, and the said apartment security guards reported to 112 that the Defendant was driving under the influence of alcohol, driving under the influence of alcohol, driving the disturbance, and driving the disturbance.

Accordingly, the defendant's face G and the Inspector H, who was called up after receiving 112 report, had a red and visual shocked, and there was a considerable reason to suspect that the defendant driven a vehicle under the influence of alcohol, such as a remote distance, etc., and requested the defendant to take a drinking test on three occasions, but the defendant did not comply with the request.

Accordingly, the defendant violated the prohibition of drinking driving, etc. more than twice.

Summary of Evidence

1. A written statement of the defendant I;

1. The ledger of driver's licenses of motor vehicles reports on de facto statements of drivers;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (Attachment to the judgment of the same kind of case, etc.);

1. Relevant provisions concerning facts constituting an offense;

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