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(영문) 제주지방법원 2019.09.19 2019고단1645
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 6, 2007, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Seoul Central District Court, and on July 18, 2007, issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for the same crime at the Jung-gu Central District Court, on June 18, 2008, and on June 18, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Seoul Central District Court, and on October 8, 2013, the Defendant was sentenced to a suspended sentence of KRW 8 million with a fine of KRW 1.8 million for the same crime at the Suwon District Court on September 9, 2015.

Around 02:46 August 17, 2019, when the Defendant was driving D Poter Cargo Vehicles on the front of C at Jeju-si, the Defendant reported 112 to the effect that “I will drive the D Poter Cargo Vehicles. I will continue to drive the vehicle during the signal, and make it dangerous for I will drive the vehicle,” and there are reasonable grounds to recognize that I driven the vehicle under the influence of alcohol, such as smelling, from the F in the situation where the E zone belonging to the Jeju Autonomous Police Authority E zone was called, the Defendant was demanded from the above police officer to comply with the drinking measurement by inserting the breath from around 02:46 of the same day to 03:03 of the same day, even though the Defendant was demanded to comply with the drinking measurement by inserting the breath, “I will am in a state where I will not get a drinking measuring machine.”

As a result, the Defendant did not comply with a police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report, the report on the state of the driver, the report on the state of the driver, the report on the investigation (the report on the state of the driver), the report on the handling of the 112 reported case, the investigation report (the suspect A who refuses to measure the state of the driver), the register on the use of the drinking measuring instrument, and the investigation report by the suspect

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