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(영문) 창원지방법원 2020.04.17 2020고단361
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 3, 2008, the Defendant was issued a summary order of KRW 1,500,000 for a crime of violation of the Road Traffic Act at the Changwon District Court. On May 9, 2016, the Changwon District Court issued a summary order of KRW 1,00,000 for a crime of violation of the Road Traffic Act. On January 9, 2018, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On December 30, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a vehicle ENAS G80 in the section of the ENAS G80m from the front of the road in the Jinhae-gu, Jinhae-si, Changwon-si, Jinwon-si, Seoul, without obtaining a driver’s license on December 30, 201.

2. On December 30, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement) at around 01:20, the roads in front of the Jinhae-gu D apartment post, Jinhae-gu, Changwon-si, the Defendant was required to comply with the drinking measurement by inserting the respiratory measuring method four minutes from around 01:50 on December 30, 201 to around 02:11, in a way that the Defendant was found to have driven under the influence of alcohol, such as smelling and smelling from G to the police box belonging to the Jinhae-gu Police Station: (a) upon receiving a report from 112 while driving the vehicle as specified in paragraph (1) while drinking, while driving the vehicle under the influence of drinking.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of sound driving and driving without a license);

1. Relevant provisions of the Road Traffic Act concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of the measurement of alcoholic beverages) and Article 152 of the Road Traffic Act.

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