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(영문) 광주지방법원 장흥지원 2020.04.23 2019고단279
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around August 20, 2019, the Defendant violated the Road Traffic Act (free license) driving of a motor vehicle at a level of about 5 km from the front of the C cafeteria parking lot located in the Seoulnam-gun, Chungcheongnam-gun, to the front of the E E parking lot located in D, without obtaining a driver’s license.

2. On April 29, 2010, the Defendant was issued a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act in the Gwangju District Court’s support for the promotion of the head of the Gwangju District Court.

Nevertheless, the Defendant, at around 21:54 August 19, 2019, was requested to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument, while refusing to comply with the demand for a drinking test by a police officer without justifiable grounds, despite the Defendant’s refusal to comply with the demand for a drinking test without justifiable grounds, while refusing to comply with the demand of a police officer for a drinking test without justifiable grounds, on the grounds that there are reasonable grounds to believe that the Defendant was driving a motor vehicle with aF styp in a state of drinking, after having received a report of 112 that the Defendant driven a motor vehicle with a frop in a state of drinking.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and J;

1. Report on circumstantial statements of a drinking driver, report on the results of the control of drinking driving, report on internal investigation (verification of a suspect's non-license), report on internal investigation (Attachment to a detailed statement for handling a 112 Report), and investigation report (F passing confirmation);

1. Previous convictions: Criminal records, etc. inquiry reports (A), investigation reports (the judgment of a case under suspended execution against A of a suspect, and attachment of criminal records and other previous judgments) and statutes;

1. Relevant legal provisions and Articles 148-2(1), 44(1), and 44(2) of the Road Traffic Act (a point of refusing to measure the noise level) concerning criminal facts;

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