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(영문) 제주지방법원 2020.03.13 2019고단2545
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On March 18, 2015, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On November 14, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) (FSL125S 124cc.) driving a motor vehicle driving on the front side of the “C” in Seopopopo City B without obtaining a motorcycle driver’s license on November 14, 2019 to the front side of the “E” located in Seopo City D in Seopopo City B.

2. Around 18:30 on November 14, 2019, the Defendant reported a violation of the Road Traffic Act (refluence refusal) to the effect that, as described in paragraph (1) above, the Defendant 112 reported to the effect that, while driving a fSL125S 125S 124C croto in the front of the “E” on the road located in Seopopopopopo City D, the Defendant had caused an influor and a person influorial relationship with his/her name due to a problem of parking alleyway, as described in paragraph (1).

The Defendant received the above report and received a demand from the head of the police station G District G District of the Western Police Station to respond to the alcohol alcohol measurement by inserting the breath in a total of 15 minutes for a drinking measuring instrument four times, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, reding, etc. on the face of the Defendant.

그럼에도 피고인은 음주측정기의 불대를 깨물고 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

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

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement and image (including accompanying documents) of a police investigation report (CCTV image, etc.);

1. The circumstantial statements of the police officers, investigation reports (the circumstances of the host driver), and reports, respectively.

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