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(영문) 의정부지방법원 고양지원 2016.08.19 2016고단1771
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 13, 2012, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on Seoul Western District Court on July 26, 2013, a fine of four million won for a crime of violating the Road Traffic Act (drinking driving), respectively, and on January 29, 2015, the Defendant was sentenced to a summary order of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoyang Branch Branch of the Seoul Western District Court on February 6, 2015 and was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving), and the judgment becomes final and conclusive on February 6, 201

1. Although the driver’s license of the Defendant for violating the Road Traffic Act (unlicensed Driving) was revoked as above, the Defendant driven a D-A-A-Co-car on March 26, 2016 on the roads near C-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U

2. On March 26, 201, the Defendant was under the influence of alcohol by a person driving at a place specified in paragraph (1) on March 26, 201, on the part of the Defendant, after receiving a report on the fact that the person driving at a place specified in paragraph (1) of the Road Traffic Act was divingd in the vehicle, and the Defendant was seated in the driver’s seat of the vehicle from the Hensan Police Station Ebridge F, etc. belonging to the Defendant, and the Defendant was under the influence of alcohol, such as smelling alcohol.

Due to reasonable grounds to determine a person, a person was requested to respond to the measurement of drinking on the same day, including being required to put him/her into a drinking measuring instrument in order to put him/her into a drinking measuring instrument, and was required to conduct a drinking test on the same day, around 06:24 of the same day, and around 06:38 of the same day, respectively.

Nevertheless, the Defendant refused to comply with a police officer's request for a measurement of drinking without a justifiable reason by avoiding drinking testing four times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A report on investigation and a copy of the investigation report (CCTV investigation);

1. Application of replys to inquiries, such as criminal history, and statutes attached to reports on investigation;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (1), 152 subparagraph 1, and 43 (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

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