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(영문) 부산지방법원동부지원 2020.10.14 2020고단687
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

[criminal power] On May 21, 2014, the Defendant issued a summary order of a fine of three million won at the Busan District Court for a violation of the Road Traffic Act at the Busan District Court, and on November 1, 2018, the same court received a summary order of four million won for the same crime and received two times the record of drinking driving under the influence of alcohol.

【Criminal Facts】

1. A violation of the Road Traffic Act (refluence of the noise measurement) was committed by the Defendant on the road in front of the “Ccafeteria” vehicle in Busan-gun, Busan-gun around 03:20 on March 01, 202, which was parked on the left side of the road while driving a D Kaol car on the road. There are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as a red and long distance from the G located in the F Zone at the Busan-gun Police Station, which was called upon receiving a traffic accident report, and the Defendant’s face from the G located in the F Zone at the Busan-gun Police Station in receipt of the traffic accident. Thus, even if the Defendant refused to comply with the demand of the police officer for the measurement of alcohol by inserting the whole 15 minutes of the alcohol measuring instrument, the Defendant did not comply with the demand of the police officer for

As a result, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice.

To the extent that there is no substantial disadvantage to the defendant's exercise of the right of defense, part of the facts charged was revised.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a D Blue-ri-ri-ri-car without obtaining a driver’s license in approximately 200 meters section from the front of the store in the Blue-gun, Busan Metropolitan City’s Articles of Incorporation, to the front of the above “Clue-ri-ri-si” road.

Summary of Evidence

1. A written statement of the occurrence of a traffic accident at H’s statutory statement, a written statement of the state of the traffic accident by the accused, a report on the results of drinking driving control, a report on the 112 reported cases, a motor vehicle driving license register, etc., and an investigation report (on-site photographs, etc.);

1. Previouss before ruling: Criminal records, inquiry reports and investigation reports (attached to the summary order of the same kind of power);

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