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(영문) 수원지방법원 2020.02.07 2019고단6255
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2019, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On August 10, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act: (a) 50cc Baki that was not subscribed to mandatory insurance without obtaining Class 2 driver’s license from around 500 meters from the front of the C in terms of the ignic City B to the front of C in terms of the road on August 10, 2019.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) by the Defendant caused an accident going beyond the road while driving an Ortob while under the influence of alcohol at the time and place specified in paragraph (1) at the time and place specified in paragraph (1). The Defendant was required to comply with a drinking test by inserting a drinking measuring instrument over about 10 minutes in light of the content of the 112 report, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol in light of the content of the 112 report, the Defendant was able to report the occurrence of an accident going beyond the road while driving the Ortoba while under the influence of alcohol. The Defendant was able to comply with the request for a drinking test by a police officer without a justifiable reason by explicitly avoiding it.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (statement, etc. of reporters), investigation report (report on the circumstances of the driver), ozonetoo photographs and license register operated by the suspect;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the rate of persons who violate the provisions prohibiting drunk driving at least twice shall be punished);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1), 44 (2) and (1) (a) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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