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(영문) 제주지방법원 2020.09.23 2020고단1564

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of one hundred thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 03:06 on May 19, 2020, the Defendant driving a vehicle without obtaining a driver’s license on a section of about 100 meters from the front day of Jeju Island B to the front day of “D clubs” in the same city C, and without obtaining a driver’s license on a section of about 100 meters.

2. While the Defendant violated the Road Traffic Act, while driving and departing from a road near “Gma” in the “Gma” as stated in the above paragraph (1) of this Article, the Defendant did not immediately stop the said car with the victim’s name, telephone number, etc. by taking the front and rear part of the Plaintiff’s H, which was parked in the front section of the said car, as the part front and rear part of the Defendant’s driving car.

3. On August 26, 2009, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for the crime of violating the Road Traffic Act.

On May 19, 2020, the Defendant reported at around 03:06 on May 19, 202 to the witness of a traffic accident, such as the above paragraph (2), 112, that “A police officer who was dispatched after receiving the above report shall ask the Defendant whether he/she presented his/her identification card and driven alcohol.”

On the same day, the defendant continued to be driven under the influence of alcohol by a police officer at around 03:40 on the same day on the same day on the same day, on the grounds that there are reasonable grounds to recognize that the defendant had been driven under the influence of alcohol, such as drinking, smelling on the face, sniffing off, and routing off, and making a request to respond to the measurement of drinking in a manner of inserting the whole breath in a breath, and around 03:45 and 03:50 on the same day.

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