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(영문) 서울남부지방법원 2020.08.25 2020고단671
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal power] On February 6, 2009, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Road Traffic Act (driving) at the Incheon District Court. On March 9, 2017, the Seoul Southern District Court issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around December 22, 2019, the Defendant driven D WW125EX2 motorcycles without obtaining a motorcycle license from the road located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu to the road located in Yeongdeungpo-gu, Seoul, to the road located in Yeongdeungpo-gu, Seoul.

2. On December 13, 2019, at around 22:29, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) (hereinafter “F Hospital”) and sent it to the emergency room of the F Hospital located in Guro-gu Seoul Metropolitan Government, beyond the center while driving DW W WW125EX2 motorcycle on the road located in Yeongdeungpo-gu Seoul Metropolitan Government C.

At around 23:23 of the same day, there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as where the face of the emergency room is red, smelling, and drinking alcohol is concealed, etc., and the Defendant received 112 reports, and received a request for a measurement of drinking alcohol for about three minutes by inserting the 20 minutes in a drinking measuring instrument from H from the police officer belonging to the Yeongdeungpo-gu Police Station G of Yeongdeungpo-gu, Yeongdeungpo-gu, the Defendant failed to comply with such request without justifiable grounds.

As a result, the defendant violated the prohibition of drinking driving and rejected a police officer's request for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence (Refusal of noise measurement and without a license), report on the situation of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the vehicle register;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same type of force), attachment (a summary order and copy of judgment) and application of Acts and subordinate statutes;

1. Relevant Article 148-2 of the Road Traffic Act concerning criminal facts;

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