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(영문) 전주지방법원 2021.01.21 2020고단1315
도로교통법위반(음주측정거부)등
Text

The punishment of defendants shall be two years.

The execution of punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2008, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court as a crime of violating the Road Traffic Act.

1. On May 19, 2020, the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol reaction in the test reaction of drinking alcohol reduction, from E during the police box belonging to the police box of the police station of the previous police station called the Defendant, while driving a C rocketing car under the influence of drinking in front of the Defendant’s residence located in Seojin-gu Seoul Special Metropolitan City on May 23, 2020.

There is a reason to see the same day, there was a demand for the measurement of drinking by inserting the drinking measuring instrument three times for about 11 minutes at the D police box located in F in Seojin-gu, Seojin-gu, Seoul Special Metropolitan City on the same day.

However, the defendant did not comply with the demand.

The defendant is in such a drunken condition.

A person who has a reasonable ground to be appointed as a person has not complied with the pulmonary examination of a police officer without good cause.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of Crocketing passenger car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

The Defendant, who was in the possession of C Launa and was not covered by mandatory insurance at the same time at the time, operated the vehicle from the front of H in the Sodjin-gu G to the front of the Defendant’s dwelling in the Sodjin-gu Seoul Metropolitan City.

Summary of Evidence

1. Statement made by the police to I by the defendant in court;

1. Arrest report of a person suspected of violating traffic laws on roads;

1. Notification of the results of regulating drinking driving;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Aggravation concurrent crimes;

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