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(영문) 부산지방법원서부지원 2020.09.04 2020고단578
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 January 9, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court’s House, and on September 3, 2015, the Defendant was issued a summary order of KRW 3 million with the same offense in the same court.

【Criminal Facts】

1. Around 02:59 on February 13, 2020, the Defendant driven an E rocketing car without obtaining a driver’s license for a section of about 10 km from the front of the ASEAN-si B to the front of the D in Gyeonggi-si C at around 03:16 on the same day.

2. A violation of the Road Traffic Act (Refusal of measurement) at around 03:20 on the same day as in the preceding paragraph, the Defendant d in front of Gyeonggi-si, which was located in Gyeonggi-si C, was sucking behind her seat while taking a balke while driving the balke at around 1m. Around the same day, the Defendant was required to comply with a drinking test by inserting the balk in a balke method from around 03:49 to 04:02 of the same day by inserting the balke on the front of the vehicle in front of Gyeonggi-si.

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

As a result, the defendant violated the prohibition of drinking driving or drinking refusal twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), suspect-related photograph, video (two CDs) refusing to measure drinking, and report on the investigation into the register of driver's licenses (to hear the statement by the police officer related to refusal to measure drinking);

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (former and previous records), list of related cases, application of court rulings and statutes;

1. Criminal facts;

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