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(영문) 청주지방법원 제천지원 2019.09.19 2019고단228
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 16, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Cheongju District Court Jeju District Court Branch, and completed the execution of the sentence at the Cheongju House on October 12, 2016.

【Criminal Facts】

On November 12, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 for a fine for a violation of the Road Traffic Act, and a fine of KRW 1,50,000 for a violation of the Road Traffic Act in the Cheongju District Court on August 26, 201, and a person who was sentenced to a summary order of KRW 1,50,000 for a violation of the Road Traffic Act in the Cheongju District Court on August 26, 201.

On June 29, 2019, around 16:05, the Defendant: (a) operated a DCo-sports car in front of C in a state of drinking alcohol, and stopped at the center line of the yellow-ray, at the same time, and was reported 112, the Defendant refused a drinking test by a police officer without justifiable grounds, such as taking a bath to the police officer, and threatening the police officer to respond to a drinking test by inserting the breath in a breath of alcohol, on the ground that there are reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as the backgroundF belonging to the 2nd E zone of the Incheon Police Station E zone, which was called at the site after receiving a report on 112 report on the breath of the breath of the road.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of drinking control;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Report on the occurrence of the case, report on internal investigation, and on-site photographs;

1. One CD for storage of black boxes and one investigation report (inspection of black stay images);

1. A report on investigation (to hear statements of witnesses);

1. Criminal records: Criminal history records, investigation reports (total four times of the records of sound driving), investigation reports (the facts of crimes during the period of repeated crimes), two copies of summary order, one copy of judgment, and one individual;

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