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(영문) 대전지방법원 2018.02.01 2017고단2480
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the charge of interference with business and intrusion upon residence is not guilty.

Reasons

Punishment of the crime

[criminal records] On November 28, 2013, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of official duties at the Daejeon District Court on November 28, 2013, and completed the execution of the sentence at the Daejeon Prison on June 13, 2015.

[Criminal facts] 2017 Highest 2480

1. On December 6, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a Maz car without obtaining a vehicle license from around 500 meters away from the front of a non-cafeteria in the trade name, Sungnam-dong, Daejeon-dong, Daejeon to around 43-79, to the road of about 500 meters.

2. The defendant, while driving the above vehicle at the time and place specified in paragraph (1) above, driven the vehicle while under the influence of alcohol, such as drinking alcohol reaction from E, while drinking alcohol reduction, and smelling on the face, from E, while driving the vehicle at the seat specified in the above paragraph (1).

For about 20 minutes, there was a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하였다.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

On March 11, 2010, the Defendant issued a summary order of KRW 3 million on March 22, 2010 for a violation of road traffic law (dacting driving) at the Seosan Branch of the Daejeon District Court. On June 22, 2012, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same offense, etc. at the Daejeon District Court.

On August 7, 2016, the Defendant, without obtaining a driver’s license for a vehicle at around 22:00, driven a fran vehicle at around 300 meters from the front side of the Sungnam-dong community service center located at 368, Sungnam-dong, Daejeon, Daejeon, to around 120, a 300-lane, from the front side of the 368-ro, Sungnam-dong community service center at around 70, Sungnam-dong, Daejeon.

Accordingly, the defendant did not obtain a driver's license.

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