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(영문) 춘천지방법원강릉지원 2020.12.23 2020고단1024
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On October 24, 2019, the defendant has been punished twice for the same crime, such as receiving a summary order of a fine of three million won for the violation of the Road Traffic Act from the Gangseo branch court of the Chuncheon District Court on October 24, 2019.

1. On August 30, 202: (a) the Defendant violated the Road Traffic Act (refluence) on the roads front of the Gangnam-si B apartment commercial building on August 22 and 23, 2020; (b) the Defendant, upon receiving a report of the Defendant’s suspicion of drunk driving, was subject to a retoxication test by D in the circumstances belonging to the Gangseo-gu Police Station C District of the Gangseo-gu Police Station, which called the said site, and was found to have driven under the influence of alcohol due to the reduction of red reaction suspected as the numerical value of revocation of license; and (c) the Defendant was required to take a alcohol test by a drinking measuring instrument; (d) on the ground that the circumstance during which the Defendant was called, he refused to take a alcohol test by taking a breath method beyond the breathr,

2. On August 31, 2020, the Defendant violated the Road Traffic Act (driving) on the grounds as stated in paragraph (1) and on August 31, 2020, 08:22 around the above B apartment commercial building, the Defendant driven 7.8 km 7.8 km of the Froman in the state of under the influence of alcohol concentration of 0.086% at the 37 Gangnam-si Police Station parking lot from the front of the said B apartment commercial building to the 377 Gangnam-si Police Station.

Summary of Evidence

1. Each investigation report on the defendant's legal statement made by the police concerning D, the statement of the situation of his/her driver, and each investigation report on the results of the influence of alcohol driving control (persons G telephone conversations and hearing police officers' statements); and each internal investigation report (an investigation into the victim G telephone conversations and the video of damaged vehicle black records);

1. The actual survey report and the actual survey report on traffic accidents;

1. On-site photographs, photographs of skins, photographic images of the damaged vehicle, such as photographic images of the damaged vehicle, photographic images of CCTV for crime prevention, such as CCTV images for crime prevention and CCTV in the police station, photographic images of the CCTV for crime prevention, and photograph of the C district-breathic drhographer;

1. Previouss before judgment: Criminal records;

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