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(영문) 의정부지방법원 2020.02.05 2019고단4828
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

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

1. On September 25, 2019, the Defendant was issued a summary order of KRW 6 million for a crime of violation of the Road Traffic Act (Refusal of measurement) at the District Court of Jung-gu District on September 25, 2019, and on September 15, 2014, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for a crime of violation of the Road Traffic Act (driving).

On October 2, 2019, at around 14:32, 2019, the Defendant driven D-II cargo vehicles with drinking alcohol while drinking on the front side of the Gangwon Iron Group B, and there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol by drinking alcohol, such as drinking alcohol and smelling red on the face, failing to walk normally, etc., the Defendant was requested from 15:10 to 15:20 on October 2, 201, but did not comply with the police officer’s request for the measurement of drinking alcohol without justifiable grounds.

Accordingly, the Defendant did not comply with the demand of police officers for a drinking test more than twice.

2. Around October 14:32, 2019, the Defendant driving a D Poter II truck without a driver’s license at a section of approximately 2.2 km from the Do in front of H located in the Kuwon Hawon-gun G to the front of C in the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the results of the drinking driving control; and

1. A copy of the circumstantial statement of a driver; and

1. Records of seizure and the list of seizure;

1. Report on the situation of operation without a license;

1. Registers of driver's licenses;

1. Status of disqualified persons registered;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order, etc. for sound driving), and application of statutes by a summary order;

1. Relevant provisions of the Act on the Crime, Articles 148-2 (1) and 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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