(영문) 대전지방법원 천안지원 2020.04.29 2020고단82

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(영문) 대전지방법원 천안지원 2020.04.29 2020고단82

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 27, 2020, the Defendant was sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court.

1. Violation of the Road Traffic Act (Refusal of measurement) on December 26, 2019, at around 02:50, the Defendant was found to have been seated in the driver’s seat of Bi30 motor vehicles on the roads front of the B-i30 vehicle located in B-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, B, and was so drunk due to the occurrence of a report, and failed to comply with a request for a retoxication of alcohol without justifiable grounds and to comply with the demand of the Defendant to take a breathm of alcohol measuring instrument for about three minutes from around 22 minutes from around 02:59 of the same day to around 03:21 of the same day.

2. Around 02:50 on December 26, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driven B 130 km without a vehicle driver’s license from the front of a restaurant located in the Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-si to the front of a two-lane-dong office in Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A drinking driver report, internal investigation report, and 112 report management table;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes (two cases);

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), the selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

참조조문

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