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(영문) 광주지방법원 2021.03.04 2020고단5949
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 20, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and KRW 5 million for the same crime at the same court on August 23, 2018.

1. On October 27, 2020, the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol from E, etc. to the police box affiliated with the police box of the Gwangju Seo-gu, who was dispatched to the site after receiving a report from around 22:15 on October 27, 202 that he is driving the Seo-gu apartment of the same city in Gwangju-gu, Seo-gu.

인 정할 만한 상당한 이유가 있어 약 15분에 걸쳐 3회 이상 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 불구하고 음주측정기에 입구를 혀로 막는 등 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰관의 음주 측정 요구에 응하지 아니하였다.

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

2. On the day before the beginning of the preceding paragraph, the Defendant driven a HMW X5 car without obtaining a driver’s license from around about 4 km in the front of the G in the Seo-gu, Seo-gu, Seo-gu, Seogdong at the time of the preceding paragraph without obtaining a driver’s license from approximately 4km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1), and Article 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social services and.

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