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(영문) 광주지방법원 2020.05.14 2019고단4740
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On March 30, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 2 million by the same court on February 9, 2012 for a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 00:35 October 3, 2019, the Defendant: (a) caused an accident of shocking the F-learning car owned by the victim E, which was parked by the Defendant on the roads near the C Hospital located in the Danae-gun B, Jeonnam-gun, Seoul Special Metropolitan City around October 3, 2019.

Although the Defendant was requested from around 01:07 on October 3, 2019 to comply with a drinking test for eight minutes in the state of alcohol while under the influence of alcohol, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling a large amount of smelling by the Defendant from H in the position of the G District District of the Mandong Police Station, dispatched after receiving the said report 112 due to the foregoing traffic accident, the Defendant refused to comply with the drinking test by a police officer without justifiable grounds.

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

"200 Highest 133"

1. On December 6, 2019, at around 00:37, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level), the Defendant was required to comply with the measurement of drinking level by inserting it into a drinking measuring instrument for about 24 minutes, on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as smelling from a slopeK affiliated with the JJK of the Gwangju East Police Station, while driving DN on the front of the I Apartment apartment of Gwangju-dong, Gwangju-gu, the Defendant was in compliance with the alcohol level by inserting it into a drinking measuring instrument over 24 minutes.

Nevertheless, the defendant, in a manner that does not put the whole in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without justifiable grounds.

2. The Defendant violates the Road Traffic Act (unlicensed driving). On December 6, 2019, the Defendant is a L Apartment-gun in the south of 200:37.

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