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(영문) 광주지방법원순천지원 2020.11.20 2020고단1355
도로교통법위반(음주측정거부)
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On July 5, 2013, Defendant A was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on July 5, 201. Defendant B was issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on October 28, 201, and the same power was issued three times in total.

【Criminal Facts】

1. On May 10, 2020, at around 23:41 on May 10, 202, the Defendant: (a) reported 112 to be suspected of driving under the influence of alcohol in the park entrance in front of the YAambambambambamb, and was called the Defendant as the Defendant; (b) as a result of confirming the reporter’s video recording of the film box, the Defendant appears to have been driving prior to the driving; and (c) as there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s smelling and drinking distance, and the Defendant was demanded to comply with a drinking test by inserting the b5 minutes of drinking alcohol measuring devices.

Nevertheless, the defendant "I am at the head of the Gu, and 100% of a person who has not driven a 100% of a vehicle," and "I am at the head of the Gu," and the defendant did not comply with a police officer's request for a drinking test.

As a result, the Defendant violated the prohibition of drinking driving or drinking refusal to take a drinking test more than twice.

2. On May 10, 2020, Defendant B driven an E rocketing car while under the influence of alcohol with 0.124% of alcohol concentration at the entrance park in front of the lusium located in the lusium in the lusium in the lusium in the lusium in the lusium in the lusium.

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

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Report on the circumstantial statements of each drinking driver, and the results of the control of drinking driving;

1. The actual condition survey report;

1. On-site photographs;

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