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(영문) 수원지방법원안산지원 2020.12.09 2020고단2727
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

On January 3, 2019, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.

1. Around 21:54 on April 22, 2020, the Defendant stopped by locked while driving CK3 automobiles on the front of B apartment at Sinung-si, B apartment, and received 112 reports from the Defendant on the fact that “the fluor male sing off in a vehicle,” and the Defendant was deemed to have driven a vehicle under the influence of alcohol due to reasonable grounds that the Defendant is deemed to have a large amount of smell, and the Defendant received the said 112 reports and received the said 112 reports and received the said 2:10 on the same day from the border E belonging to the D District in the Gyeonggi City Police Station in the Gyeonggi City, which was called to the site at around 22:10 on the same day, around 22:23 on the same day, around 22:23 on the same day, and around 22:28 on the same day, 22:28 on the same day.

Nevertheless, the Defendant, while putting the breathm in a breathm, avoided it by the middle, and did not comply with the police officer’s request for a measurement of drinking without justifiable grounds.

As a result, the Defendant violated the regulations prohibiting drinking driving or the regulations requiring compliance with drinking alcohol measurements not less than twice.

2. Around June 14, 2020, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) driving on the G cafeteria located in the Mapo-gu Seoul Metropolitan Government (hereinafter “Seoul Mapo-gu”) and operated CK 3 car under the influence of alcohol with a blood alcohol concentration of 0.048% without obtaining a driver’s license at a section of about 200 meters from the G cafeteria located in Mapo-gu Seoul Metropolitan Government to the front road of Seoul Mapo-gu.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and operated a motor vehicle with no license.

Summary of Evidence

[Fact 1]

1. On-site photographs of the police statement E of the Defendant’s legal statement, video CD investigation report (on-site report of the driver), investigation report (on the image of which measurement is refused), and investigation report;

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