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(영문) 대전지방법원 서산지원 2020.05.27 2020고단318
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 13, 2019, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on August 13, 2019. The judgment became final and conclusive on June 21, 2019, and is currently under suspended sentence, and the records of drinking driving are more than twice.

1. On March 17, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a DPoter Ⅱ in a section of about 1 km from the roads near the inner bus terminal located in the Taean-gun, Taean-gun, Taean-gun, to the roads front of the C Elementary School located in Taean-gun, Taean-gun, without obtaining a driver’s license on March 17, 2020.

2. The Defendant violated the Road Traffic Act (refluence of the noise measurement) at the time and time described in the preceding paragraph, but tried to drive a boom-II truck, as described in the preceding paragraph, while drinking 7 soldiers in the front line, and stopped on the road and fastening it on the road. The Defendant received 12 report from the police officers, such as Snicking and serving for the E box called out to the road, who called out to the said place, on the road, to recognize that he driven under the influence of alcohol, by drinking alcohol, such as drinkinging and smelling red on the face of the Defendant, and making it possible to recognize that he was driven under the influence of alcohol, and thus, he did not comply with the request of a police officer for alcohol measurement by inserting the drinking meters in front of the above C elementary school over three minutes from 02:22 to 02:54 on the same day, and did not comply with the request of a police officer for alcohol measurement.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, on-site photograph, report on the actual state of a driver, CD, and the register of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, and copies of judgments;

1. Relevant provisions of the Road Traffic Act concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of the measurement of alcoholic beverages) and Article 152 of the Road Traffic Act.

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