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(영문) 춘천지방법원 2020.09.22 2020고단730
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one and half years.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On May 15, 2013, the Defendant issued a summary order of KRW 3,00,00 as a crime of violation of the Road Traffic Act at the Chuncheon District Court on May 15, 2013 (see, e.g., the evidence record). ② On December 11, 2013, the Chuncheon District Court issued a summary order of KRW 5,00,000 as a crime of violation of the Road Traffic Act (see, e.g., the evidence record) and became final and conclusive.

Criminal facts

1. On June 8, 2020, the Defendant violated the Road Traffic Act (free license) driving of a motor vehicle over approximately two km section from the roads adjacent to the "C" public parking lot adjacent to the "E" building in the Gangwon-gun B without a driver's license on June 8, 2020 to the front of the "E" building D.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) (see, e.g., Disposition No. 17 of the Act), as seen above, while under the influence of alcohol on a temporary basis as stated in paragraph (1), the Defendant was driving the said F-Ping vehicle over approximately 2 km, and the Defendant was driving from G (see, e.g., Disposition No. 17 pages of the Act) to the police officer who was dispatched to the site upon receipt of 112 notification (see, e.g., Disposition No. 20 of the Act). There is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s drinking, e.g., the Defendant’s face, e., red, big, and breathing, from Jun. 22, 2020 to Jun. 56, 200 to Jun. 23:06, 206.

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