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(영문) 의정부지방법원고양지원 2020.09.09 2020고단928
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On May 9, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court Goyang Branch on May 9, 2007; a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the same court on September 13, 2007; a fine of 3 million won for a violation of the Road Traffic Act (driving) at the same court on November 11, 2010; a fine of 3 million won for the same court on October 5, 2012; a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the same court on October 5, 2012; and a fine of 6 months for a violation of the Road Traffic Act (driving) at the government district court on June 2, 2015.

On January 22, 2018, the Defendant was released on July 30, 2018 and the parole period passed on August 27, 2018 while he/she was sentenced to one year of imprisonment with labor for a crime, such as violation of the Road Traffic Act, by the District Court of the Republic of Korea.

On February 13, 2020 00:46, the Defendant was driving a Crane car on the front side of the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, Incheon.

"A drinking driver has a drinking driver." Upon receipt of a report, a slope D belonging to the Incheon Southern-dong Police Station demanded three times to respond to a drinking test by inserting the breath in a drinking measuring instrument in a manner of inserting the breath under the influence of alcohol, on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and snicking on the face.

그러나 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정에 응하지 아니하였다.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

around 23:55 on May 18, 2020, the Defendant driven a Cho-low vehicle under the influence of alcohol level of 0.144% without obtaining a driver's license in the section of about 9km from the front Do of Gyeyang-gu, Seoyang-gu to the same Gu F apartment parking lot.

Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act at the same time.

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