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(영문) 의정부지방법원 고양지원 2020.02.13 2019고단3349
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of two years and two months.

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

Reasons

Punishment of the crime

On June 24, 2019, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving on Drinking Water) at the Goyang Branch of the District Court in order to punish him/her, and the same year.

9. 26. The summary order became final and conclusive.

1. Around 22:00 on November 15, 2019, the Defendant was required to comply with a drinking test by inserting alcohol in a manner of inserting the breathm for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, drinking, drinking, breathing, brea at the police box affiliated with the police box of the Pakistan Police Station, and G, while driving Dbea cruise on the front of the road located in B of the Pakistan of Gyeonggi-do, while drinking.

Nevertheless, the Defendant, by inserting less infinitely into a drinking measuring instrument, failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the vehicles listed in paragraph (1) without obtaining a driver’s license within a section of about 6 km from the front of H to the front of the pak-si in the case of Goyang-si, the Defendant, as stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. A department using and treating the measuring instruments for drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports (former and confirm), summary orders, etc.;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license) of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act to order probation and lecture attendance.

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