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(영문) 춘천지방법원 2020.10.06 2020고단779
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one and half years.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

Criminal power is sentenced to a fine of KRW 7,00,00 on April 21, 2016 (see, e.g., the evidence record No. 43) and a fine of KRW 7,00,00 for a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles).

Criminal facts

1. On March 10, 2020, the Defendant violated the Road Traffic Act (refusing to take a drinking level), while driving a Cice on the front road of Chuncheon City B on March 23:30, 202, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol from three police officers, E, and F, etc. belonging to the D Zone District of the Chuncheon Police Station D District called at the site after receiving a report on a drinking driving, and the Defendant was under the influence of alcohol, such as smelling at the entrance and being red on the face, even though the Defendant was demanded from around 0:04 of March 11, 2020 to comply with a drinking level by means of a drinking test three times from around 0:00 to 0:20, the Defendant did not comply with a demand of a police official for a drinking level without any justifiable reason by means of measuring the drinking measuring instrument in the two sides of the measuring instrument, or avoiding it by means of concealment (see Article 6 of the evidence record).

2. On March 10, 2020, the Defendant, without a driver’s license (unlicensed driving) around 23:30 on March 10, 2020, driven the above C Sti-type vehicle over approximately 200 meters from the front of the restaurant located in Chuncheon City G (see, e.g., the evidence record No. 17 pages) to the front road of the Chuncheon City.

Summary of Evidence

1. The defendant's oral statement;

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