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(영문) 창원지방법원 2020.02.14 2019고단3716
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 16, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Yongsan Branch on May 3, 2018. On May 3, 2018, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Changwon Branch on January 10, 2019.

【Criminal Facts】

1. On October 21, 2019, at around 23:32, 2019, the Defendant was demanded to comply with the drinking test by inserting alcohol into a drinking measuring instrument four times from around 23:35 to 23:57 of the same day, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol reduction reaction from F of the Changbu Police Station Eth of the Changbu Police Station Eth of the Changbu Police Station in charge of drinking alcohol control while driving a DNA motor vehicle under the influence of drinking on the front of the “C” road located in the window B of Changwon-si, Changwon-si.

Nevertheless, the defendant refused it and failed to comply with a police officer's request for a drinking test without any justifiable reason, thereby violating the prohibition of drinking alcohol driving and the duty to measure drinking.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of the said vehicle without a driver’s license within about 50 meters from the H’s front-paid parking lot located in G at the window at the window at the window at the window at the window, to the control place as set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, a report on the circumstantial statement of a drinking driver, an investigation report (report on the circumstances of a drinking driver), and an investigation report (on-site status, such as the control process and the level of the suspect's

1. The driver's license ledger;

1. Previous convictions in judgment: Criminal records, written judgments, and application of summary order statutes;

1. Relevant Article 148-2 of the Road Traffic Act concerning criminal facts;

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