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(영문) 수원지방법원 2019.10.24 2019고단3298
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 23, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) at the Suwon District Court, which became final and conclusive on May 1, 2019.

【Criminal Facts】

1. On March 3, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling on the face, smelling it, etc., while driving a BM5 vehicle at the right line 66 mnife road in the right line of Suwon-gu, Suwon-gu, Suwon-gu, Suwon-nam Police Station, while drinking the road on the 66-lane road in the right line of Suwon-do.

Nevertheless, the defendant, while avoiding this, did not comply with a police officer's request for a drinking test without justifiable grounds.

2. Around March 23, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the BSS5 car without a vehicle driver’s license on the section of approximately 5km from the roads near the Jinandong-dong in Suwon-si to the 66-lane Friwon-si, Suwon-si, Suwon-si, the flowline of the right road in Suwon-si to the front road.

3. When the Defendant was arrested as a flagrant offender due to the suspicion of refusing to take a alcohol level at the time and place mentioned in paragraph (1), the Defendant forged the signature by stating “D” respectively in the signature column of the confirmer of the certificate of arrest of flagrant offender and the driver’s name column of the report on the situation of the driver of the driver’s license without authority for the purpose of exercising the right as if he were D, and issued to C police officers belonging to the Suwon-nam Police Station E of the Suwon-nam Police Station with the knowledge of the forgery, a false signature and a false statement on the circumstances of the driver’s license to the Defendant as if they were duly formed.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation:

1. Notification of the results of the drinking driving control;

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