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(영문) 광주지방법원 순천지원 2020.02.13 2020고단86
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On February 25, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

1. Around December 22:33, 2019, the Defendant driven a liquid sports cargo vehicle while under the influence of alcohol at approximately 2 km from the front and front of the Crown, which is located in Crown-si B to D, with a blood alcohol concentration of at least 0.097%.

2. On December 7, 2019, the Defendant is driving a E-e-sports cargo vehicle at the front of the F at the time of influence on December 16, 2019.

In the event that there are reasonable grounds to believe that the defendant was driven under the influence of alcohol, such as being able to recognize that the defendant was driven by drinking while drinking, such as being h in the course of performing the service of the G patrol box at the Snish Police Station, which was dispatched after receiving the report, the defendant was demanded to comply with the drinking test by inserting the breath in a drinking measuring instrument in his/her hand, and the breath, was not sealed into the breath and concealed, and the driver did not comply with the request for a drinking test by a police officer without justifiable grounds, clearly stating the indication of refusal intention.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. The CD;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order attached);

1. Relevant provisions of Article 148-2 (1), 44 (1), 148-2 (1), and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, the choice of imprisonment, or imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The statutory penalty strengthened by reason of the sentencing under Articles 53 and 55(1)3 of the Criminal Act and other amended Road Traffic Act, the Defendant’s age, character and conduct.

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