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(영문) 창원지방법원거창지원 2020.11.18 2020고단202
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 15, 2006, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving). On April 18, 2007, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving). On October 15, 2007, the same court received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving). On January 28, 2009, the Defendant received a fine of KRW 3 million from the same court on June 24, 2009 by a fine of KRW 3 million. On June 24, 2009, the Defendant was sentenced to a summary order of KRW 3 million from the same court on June 24, 2009 (the fine of KRW 3 million). The Defendant was sentenced to a fine of KRW 50,000 from the same court on June 28, 2011 (the fine of KRW 208).

【Criminal Facts】

On August 27, 2020, at around 23:44 on August 27, 2020, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument four times in the under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that he/she was driving a knife under the influence of alcohol, such as a snife, snife in front of the Bnifeel of Gohap-gun, Gohap-gun, D, etc. belonging to the Gohap Police Station C police box, etc., snife in the face, snife in the face, and showing a meteorological reaction, etc., even though he/she was required to comply with the demand of a police officer for the drinking test without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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