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(영문) 부산지방법원 2021.01.20 2020고단4118
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a year and February of one year and a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On March 27, 2012, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), etc. from the Busan District Court on March 9, 2016. On March 9, 2016, the Defendant was sentenced to a fine of KRW 3 million for the same crime, etc. in the same court. On November 29, 2018, the Defendant was sentenced to a fine of KRW 7 million for the same crime, etc.

[Criminal facts]

1. On August 21, 2020, the Defendant driven D JYOMAX125R on a section of about 1.9 km from around August 21, 2020 to the Youngdo Police Station located in Seo-gu, Busan, Seo-gu, Seo-gu, Busan, about 46 meters of a bicycle driver’s license without obtaining a bicycle driver’s license.

2. Violation of the Road Traffic Act (refluence of alcohol measurement) Defendant sent back to the G hospital emergency room located in the Seo-gu Busan, Seo-gu, Busan, while under the influence of alcohol concentration among blood that cannot be known on the front of the Young-do police station located in the Taedo, Busan, Seo-gu, Busan, the end of the day indicated in the above paragraph 1, as described in the above paragraph 1.

On August 21, 2020, the Defendant driven a vehicle while under the influence of alcohol, such as a speech and behavior divided from H of the Busan Military Police Station H and H of the police station affiliated with the Busan High-do Police Station, which was called after receiving a report on the occurrence of the above traffic accident at the above emergency room around 22:10.

For about 22 minutes due to reasonable grounds, it was required to respond to the measurement of drinking by means of inserting the whole in a drinking measuring instrument four times for about 22 minutes and to respond to the measurement of drinking, and if the body is inconvenient, it was requested to respond to the measurement of drinking due to blood collection.

Nevertheless, the defendant did not comply with a police officer's request for the measurement of drinking without a justifiable reason because he/she stated that he/she was drank outside of boom, etc. "I have no interest."

Accordingly, the Defendant violated the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking more than twice.

Summary of Evidence

1. The defendant's oral statement;

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