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(영문) 광주지방법원순천지원 2020.09.18 2020고단814
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 12, 2018, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Gwangju District Court's net order support on June 12, 2018, and the same drinking driving records are two times.

1. On March 16, 2020, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) (e., violation of the Road Traffic Act) demanded that the Defendant comply with a drinking test by inserting the fluor in a manner of injecting the fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a vehicle parked in front of the cluor of a commercial building located in B, which was parked, by shocking the fluor of the luminous Police Station Fluor of the luminous Police Station that sent out to the accident site, take the bluor of a fluor of a fluor of a fluor of a fluor of a fluor of a bru

Nevertheless, the Defendant stated that “The Defendant, while driving a short distance of drinking, would refuse to take a drinking test without taking a drinking test,” and did not comply with a police officer’s demand for a drinking test on a multiple occasions.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the Drocketing vehicles without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the circumstances of the driving of a motor vehicle;

1. The actual condition survey report;

1. A report on internal investigation:

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment to the previous records of a suspect and a summary order), and application of statutes of one copy of the above summary order;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), and Article 152 of the Road Traffic Act;

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