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(영문) 대전지방법원 천안지원 2020.01.10 2019고단2568
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

On March 31, 2017, the Defendant received a summary order of KRW 1,50,000 for a fine of KRW 1,500,000 for a violation of the Road Traffic Act, on June 28, 2017, upon receiving a summary order of KRW 2,50,000 for the same crime from the above astronomical Support, and on May 31, 2019, received a summary order of KRW 5 million for a violation of the Road Traffic Act from the above astronomical Support.

1. Around 07:32 August 19, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level). Around 07:32, the Defendant: (a) driven a vehicle CK5 vehicle in front of Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, without stopping the vehicle; (b) the Defendant was under the influence of drinking level by E in the circumstances belonging to the D District Unit of the Yananannam Police Station, Dong-nam Police Station called the site upon receipt of a report; and (c) the Defendant was under the influence of drinking level due to considerable reasons to recognize that the Defendant was driven while under the influence of drinking, such as smelling, drinking, and drinking, giving a warning, and turn-on red, etc. on three occasions; (d) the Defendant was demanded to comply with a drinking test by putting the drinking measuring machine in force on three occasions at the same site; and (e) the Defendant did not comply with a police officer’s request for drinking measurement without justifiable reasons.

2. Around 07:32 August 19, 2019, the Defendant driving the said K5 vehicle without obtaining a driver’s license from a restaurant on the mutual non-exclusive side of the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the front road of the Dong-gu, Seocheon-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Registers of driver's licenses;

1. Suppression photographs;

1. Inquiry report on criminal records, etc., information on summary of case, and application of Acts and subordinate statutes of court rulings;

1. Relevant provisions of Article 148-2 (1) 3, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (a point of refusing to measure a secondhand alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license);

1. Trade name;

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