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(영문) 춘천지방법원 강릉지원 2019.09.26 2019고단966
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

[criminal power] On October 27, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution with labor for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court, and on April 8, 2009, the above court issued a summary order of 5 million won of fine due to a violation of the Road Traffic Act (refluence of measurement). On December 11, 2007, the Defendant was issued a summary order of 2 million won of fine from the Gangwon District Court's Gangwon Branch Branch for a violation of the Road Traffic Act (refluence of measurement).

【Criminal Facts】

On July 27, 2019, the Defendant was required to respond to a drinking test by stopping a vehicle on the road for about 30 minutes while driving a string of 20 minutes of drinking on the rooftop distance, which is located in Gangseo-si 2130, Gangwon-si 2130, and receiving a report on 112 that the drinking would be suspected, while driving a vehicle on the road during about 30 minutes of drinking. The Defendant was required to respond to the drinking test by inserting it from around 02:12 to around 20 minutes of drinking on the same day.

그런데도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법 등으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 제대로 응하지 아니하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. On-site photographs;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report of internal investigation (related to refusal to affix seals, such as a notice of the result of crackdown on drunk driving);

1. Investigation report (related to refusal of measurement);

1. Investigation report (Attachment to CCTV image data), images, and CCTV images;

1. Previous convictions before judgment: Criminal history records, references to investigation reports, and criminal investigation reports;

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