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(영문) 의정부지방법원 2020.02.11 2019고단5685
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On October 13, 2017, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch on September 13, 2017. On September 7, 2018, the Defendant was issued a summary order of KRW 3 million for the same crime, etc. at the Seoul Central District Court on September 7, 2018. On June 12, 2019, the Defendant was sentenced to one year of a suspended sentence and was sentenced to two years of imprisonment for the same crime at the Jung-gu District Court on June 20, 2019, and the said judgment became final and conclusive during the period of a suspended sentence.

【Criminal Facts】

1. On June 26, 2019, at around 23:20, the Defendant violated the Road Traffic Act (refluence of the measurement of alcoholic beverages) (i.e., the Defendant was demanded to comply with the measurement of drinking alcohol by inserting alcohol into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as making it possible to recognize that the Defendant was driving under the influence of alcohol, such as making it possible to enter the drinking measuring instrument into the drinking measuring instrument, and making it possible for him/her stop from the B apartment parking lot to the entrance of the above apartment.

Nevertheless, the defendant did not comply with a police officer's request for a alcohol test without justifiable grounds by refusing to put the breath while avoiding alcohol measuring instruments.

2. Around 23:20 on June 26, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a Cing-con-car at a section of about 60 meters from the B apartment parking lot in Namyang-si without a driver’s license to the front day of the said apartment house.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Report on the current status of operation without a license, and inquiry into the suspect license ledger and mandatory insurance;

1. Investigation reports, investigation reports, and inquiry into the control of drinking driving by police officers;

1. Crash photographs, bracks images of patrol vehicles, cut photographs, and videos taken by police officers in charge of crackdowns;

1. Previous convictions indicated in the judgment: Criminal history records (A), investigation reports, the suspect A and the same type and classification;

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