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(영문) 광주지방법원 순천지원 2021.03.25 2020고단3052
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment with prison labor for a year and a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 4, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Incheon District Court on August 4, 2006; on October 29, 2014, the Incheon District Court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving); on October 26, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for a crime of violating the Road Traffic Act (dacting driving) at the Seocheon Branch of the Gwangju District Court on October 26, 2018.

1. On September 25, 2020, the Defendant was under the influence of alcohol, such as drinking alcohol to the Defendant while driving a bicycle with DDB B 125 motor engine device on the front of the C cafeteria 19:30 on September 25, 2020, at the C cafeteria 19:30, and the latter is proceeding in the future. The F of the E box affiliated with the E box where the E box witnessed the accident from the patrol car, and the light G was under the influence of alcohol, such as drinking alcohol to the Defendant while talking with the Defendant on the background of the accident that he gets off from the patrol car.

There is a reasonable reason to designate a person, and then voluntarily accompanied by the E police box located in Ha in Ha of 19:58 on the same day, and was demanded to respond to the measurement of alcohol by inserting the whole in four times from 19:58 to 20:30 on the same day.

Nevertheless, the defendant can only be considered as one thing.

“A police official did not comply with a police official’s request for alcohol testing without justifiable grounds, such as speaking as “a mobile phone or a mobile phone,” and avoiding answer.

2. Violation of the Road Traffic Act (Unlicensed Driving) Defendant operated the motor bicycle at approximately 1 km section from the street side of the “J cafeteria” to the front side of the “C cafeteria” in the same city from the street to the street of the “C cafeteria” in the same city without obtaining a driver’s license for a bicycle at the time, as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Reports on internal investigation (related to refusal to measure drinking);

1. The driver's license ledger;

1. The investigation report (a patrol box shall be a patrolr; and

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