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(영문) 수원지방법원 2020.12.17 2020고단5738
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 1.5 million by the Suwon District Court on June 18, 2004 due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on August 12, 2015.

1. On July 4, 2020, the Defendant violated the Road Traffic Act (Refusal of a measurement of drinking), driving a D-wheeled vehicle on the front side of the C-pharmacy located in Suwon-gu, Suwon-si, Suwon-si, which is located in B on July 17:30, 202. On the same day, the Defendant: (a) was unable to take a measurement of drinking in a manner that makes it difficult to recognize that the Defendant driven under the influence of drinking, such as confirmation of the influence of drinking, as a result of the alcohol reduction, and (b) refused a measurement of drinking around 17:44 on the same day; (c) refused a measurement of drinking at around 17:50 on the same day; and (c) refused a measurement of drinking at around 17:50 on the same day; and (d) failed to comply with a measurement of drinking without justifiable grounds of police officers, such as refusal of a measurement of drinking at around 18:3rd, etc.

2. The above defendants who violate the Road Traffic Act.

1. The above two-wheeled vehicle was driven at approximately 500 meters away from the front of the H road in Suwon-si G in Suwon-si, Suwon-si without obtaining a temporary border driver’s license, to the place same as the above 1.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said two-wheeled automobile which was not covered by mandatory insurance at the same time and at the same place as the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the drinking control result, and report on the state of unlicensed driving;

1. On-site photographs of the mandatory insurance policy association;

1. Previous convictions in judgment: Criminal records, investigation reports (attached reports), and application of Acts and subordinate statutes of two copies of summary order;

1. Relevant Article of the Act and the former Road Traffic Act, which provides for the choice of punishment for the crime;

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