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(영문) 창원지방법원 2020.09.23 2020고단2565
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On December 14, 2009, the Defendant was sentenced to a fine of 1.5 million won by the Changwon District Court for a violation of the Road Traffic Act (driving). On May 31, 2018, the Defendant was sentenced to a fine of 4 million won by the same court as the same crime.

【Criminal Facts】

The defendant is a person who drives a two-dimensional car.

1. On July 30, 2020, at around 00:20, the Defendant: (a) driven the said vehicle while drinking alcohol; (b) DaK 7 and No-registered 125cc, which was parked on the road in front of the city of Kim Yong-Nam at the time of the city of Kim Jong-Nam; and (c) the Defendant, upon receipt of a report on a drunk driving, was found to have driven the vehicle while under the influence of alcohol due to the following reasons: (a) there is a reasonable ground to believe that the Defendant was driving the vehicle while driving the vehicle by drinking, such as the Defendant’s face from F in the region belonging to the E zone of the police station E zone at the scene of the police station, sniffing, drinking from red, sniffing, and the drinking reaction; and (b) there is a considerable reason to recognize that the Defendant driven the vehicle by drinking while driving the vehicle from around 00:22 to

Accordingly, the Defendant violated the regulations on the prohibition of drinking driving or the prohibition of refusal to take a drinking test twice or more by failing to comply with a police officer's request for a drinking test without any justifiable reason.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a temporary driver’s license under paragraph (1) of the same Article, driving the said car from G apartment parking lot in the 5km section from the G apartment parking lot in the Gyeongnam-si Kimhae-si to the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. 112. List of reported cases;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the occupation of refusing to drive sound), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license) and the choice of imprisonment, respectively;

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