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(영문) 창원지방법원 진주지원 2020.02.13 2019고단1492
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal Power] The Defendant was punished by a fine of KRW 1.5 million in the same court on January 14, 2019, as a person who received a fine of KRW 5 million in the same court as a person who received a fine of KRW 5 million in the same crime on February 17, 2015 and was punished for drinking driving at the jurisdiction of the original district public prosecutor's office on February 17, 2015.

【Criminal Facts】

1. On August 28, 2019, at around 20:32, the Defendant was required to comply with a drinking test by inserting the vehicle under the influence of alcohol between approximately 20 minutes, on the grounds that there are considerable grounds to recognize that the Defendant driven the said vehicle under the influence of alcohol, such as the vehicle under the influence of alcohol, which is suspected of driving under the influence of alcohol on the front of the Bnd of the Busan Cheong-gun District Police Station C District, which was called out by the Defendant after receiving a report from around 112 on August 28, 2019.

Nevertheless, the Defendant avoided a police officer by refusing to take a drinking test, such as taking a bath, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. Violation of the Road Traffic Act;

A. On August 28, 2019, around 20:22, around August 28, 2019, the Defendant driven a motor vehicle based on a gallon without obtaining a driver’s license from around approximately 2.9km in the section of approximately KRW 2.9km to the front road of the Life Security Center located in the 23rd of the birth of the Gyeongnam-gun, Gyeongnam-gun, Busan, to the front road of the Gyeongnam-gun, Gyeongnam-gun.

B. On September 9, 2019, the Defendant committed the crime at around 13:34 around September 2019, from a blankter near the Life Haak-gun, Gyeongnam-gun, Gyeongnam-gun, to the front day of the Life Haak-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-si, 10 meters away from a blankter near the Life Haak-gun, 1016-9.

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