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(영문) 수원지방법원 2021.02.04 2020고단8409
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

[Criminal Records] On November 19, 2020, the Defendant was sentenced to a fine of KRW 10 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon.

[Criminal facts]

1. On October 12, 2020, the Defendant was driving under the influence of alcohol, such as drinking alcohol, sniffing the Defendant from a slope of the police box in the Yongsan-dong Police Station in the Yongsan-dong Police Station G, which was dispatched after receiving a 112 report to the effect that he/she would drive drinking, while driving the e-mail at a level of about 750 meters from the front side of the C Farmwon in the wife population B, at around 18:31 on October 12, 2020 to the front side of D.

인정할 만한 상당한 이유가 있어, 같은 날 18:31 경부터 18:54 경까지 약 23분 동안 3회에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도, 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 않았다.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

2. Violation of the Road Traffic Act (unlicensed Driving) driving of the E-freight without obtaining a driver’s license from the front side of the CF in the wife population B at the time of the day of paragraph (1) to the D front road at about 750 meters from the front side of the CF, which is located in the city of the Sin-si

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment on criminal suspect driving force), and statutes;

1. Article 148-2 subparag. 1, 44(2), and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 152 of the Road Traffic Act concerning criminal facts.

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