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(영문) 수원지방법원 2020.11.27 2020고단3872
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

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 power] On October 18, 2006, the Defendant received a summary order of KRW 1,50,000,000 for a fine of KRW 1,500 for a violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court, on April 20, 2015, a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for the same crime, and on April 11, 2018, a summary order of KRW 5 million was issued from the Suwon District Court to the same crime.

【Criminal Facts】

1. On April 21, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) around 04:55, the Defendant driven a Cbenz car without obtaining a driver’s license in about about 20 km section from the roads adjacent to a restaurant at Seocho-gu Seoul Metropolitan Government Seocho-gu, to the roads adjacent to the parking lot near the dwelling of the Defendant located in Gambling-si.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) refers to the following: (a) the Defendant: (b) at a parking lot in the Defendant’s residence at the time and time under paragraph (1) of this Article; (c) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking a large amount of drinking water and drinking reaction, from the Defendant, from the police officers in the D District Unit of the Yongsan-gu Police Station D District Police Station of the Gangseo-gu Police Station, which called out after having received 112 reports; and (d) there was a considerable reason to believe that the Defendant was driving under the influence of alcohol, such as drinking alcohol, which led to a demand for the measurement of drinking alcohol by inserting a total of three times until 05:20 on the same day; (b) but (c) the Defendant did not comply with the demand of police officers for the measurement of drinking

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports (Violation of the Road Traffic Act), reports on the circumstantial statements of drivers, investigation reports (report on the circumstances of drivers), and notification of the results of the control of drinking driving;

1. License register;

1. On-site photographs;

1. Previous records: Criminal records, etc. inquiry reports and investigation reports;

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