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(영문) 청주지방법원 2018.11.07 2018고단1281

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 26, 2017, the Defendant received a summary order of a fine of five million won due to a violation of road traffic law (drinking) at the Cheongju District Court on October 26, 201.

Criminal facts

1. On March 28, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) and the Road Traffic Act (unlicensed driving), without obtaining a driver’s license for a trucking vehicle from the “Sacheon-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and the road adjacent to B, led the Defendant to drive the Cone Starsch Rexroth in the name of the Defendant from around 1km to the adjacent road.

09:05 on the same day, where the

D A comprehensive situation room of the 112 Police Agency of Chungcheongbuk-do, reported to the effect that “a person drinking on a reservoir-loakway has broken off his vehicle” by telephone. Around that time, the Defendant driven a vehicle under the influence of alcohol, such as a slopeF belonging to the Hacheon-gu Police Station Ear-gu, Chungcheongnam-gu, Chungcheongnam-gu, and a horse-lab G, etc. called to the scene after receiving a report at that time, and the face of the Defendant who was seated in the driver’s seat of the said vehicle is red, drinking, and smelling.

In a case where there are reasonable grounds to determine a person, the police officials of the above police were requested to comply with the measurement of drinking alcohol by inserting the person in a dactical measuring instrument four times from 09:15 to 09:45 on the same day, but did not comply with the request without justifiable grounds.

2. The defendant who violated the Guarantee of Automobile Compensation

1. At the time, at the time, at the location of paragraph (1) and at the same time, the C Costa Co., Ltd., which was not covered by mandatory insurance, was driven.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Mandatory insurance inquiry and the ledger of driver's licenses;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2(1)2, 44(1), subparagraph 1, and 43 of Article 152 of the Road Traffic Act concerning criminal facts and the selective punishment, and the Guarantee of Automobile Compensation.