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(영문) 청주지방법원 2020.12.22 2020고단1311
도로교통법위반(음주측정거부)등
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2008, the Defendant received a summary order of KRW 1.5 million from the Cheongju District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act ( sound driving), a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (driving) at the Cheongju District Court on July 8, 2010, and a summary order of KRW 7 million from the Cheongju District Court on April 4, 2016 to a fine of KRW 7 million due to a violation of the Road Traffic Act (Refusal of measurement of sound driving) at the Cheongju District Court on March 16, 201, and was sentenced to a suspended sentence of KRW 8 million for a fine of KRW 8 million due to a violation of the Road Traffic Act (driving of sound driving) at the Cheongju District Court on September 28, 2017.

1. On June 16, 2020, the Defendant reported on June 19, 2020, around 29:29, that the Defendant was suspected of driving under the influence of alcohol by the Defendant on the roads front of the Hacheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Police Station C District District, which called to the site, and demanded a police officer D to comply with a drinking test.

As there are reasonable grounds to recognize that the Defendant was driving of the Erocketing vehicle under the influence of alcohol, such as smelling and rhhing the horses at the time, the Defendant did not comply with a police officer’s demand for the measurement of alcohol without justifiable grounds, even though he was required to comply with a police officer’s demand for the measurement of alcohol by inserting the breath vehicle in the manner of putting it into force three times from 19:29 to 19:50 on the same day.

2. Around 19:10 on June 16, 2020, the Defendant driven an Estststun vehicle without obtaining a driver’s license in a section of approximately 3.6 km from the front of the Jincheon-gun, Chungcheongnam-gun, to the front of the F, via the front road.

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (report attached to the same type of power);

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