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(영문) 춘천지방법원 원주지원 2020.07.23 2020고단302
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

[Criminal Power] On May 14, 2014, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Cheongju District Court Support on Cheongju District Court.

【Criminal Facts】

1. On March 20, 2020, the Defendant violated the Road Traffic Act (refluence of measurement) received a demand from the police officer who received a report on 112 of the occurrence of a traffic accident that conflicts with the road stone in the new forest tunnels located on the new forest surface at the time of original state around 19:40 on March 20, 202, while driving a B TMXG car under the influence of alcohol and received a report on 112 of the occurrence of a traffic accident, and the Defendant was under the influence of alcohol such as smelling alcohol to the Defendant, and b0:23 of the same day, around 20:28, around 20:33, around 200, around 20:33, around 200:

Nevertheless, the defendant, in a manner that does not put the part of a drinking measuring instrument into it, has avoided it and had a history of drinking driving, but again failed to comply with a request for a drinking test by a police officer without justifiable grounds.

2. Around 19:40 on March 20, 2020, the Defendant driven a vehicle B Twork XG without obtaining a driver’s license for about 10km from the water-unpark in the Jeju-gun of Gangwon-gu to the new forest tunnel located in the new forest in the original city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control (A);

1. The ledger of driver's licenses;

1. Records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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