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(영문) 대전지방법원 서산지원 2015.10.22 2015고단93
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2015 Godan93] On June 20, 2014, the Defendant was required to respond to the drinking test by inserting alcohol into a drinking measuring instrument four times in total from 23:42 on the following day to 0:15 on June 21, 2014, while driving a F Fho XG car under the influence of drinking on the front of the road located in Seosan-si D, and there is considerable reason to recognize that the Defendant was driving under the influence of drinking, such as smelling, snicking, snicking, etc. on the face of the Defendant.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

[2015 Height551] - The defendant of criminal power received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on July 9, 2009, a fine of KRW 1 million as the same crime from the same support on April 29, 2010, and a fine of KRW 6 million as the same crime from the same support on July 29, 2014.

- 범죄사실 피고인은 2015. 6. 14. 22:10경 서산시 한마음6로 37-5에 있는 서궁팰리스 앞 도로부터 같은 시 읍내동에 있는 서산경찰서 앞 사거리에 이르기까지 약 400m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.122%의 술에 취한 상태로 P 베르나 승용차를 운전하였다.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.

Summary of Evidence

[2015 Height93]

1. Partial statement of the defendant;

1. Each legal statement of the witness J and L;

1. Statement of control, report on detection of a host driver, and report on the status of a host driver;

1. Related photographs;

1. An explanatory note for enforcement (2015Sang551);

1. Defendant's legal statement;

1. A copy of an automobile driving certificate, report on the details of drinking alcohol measurement, results of the control of drinking driving, and a copy of the automobile driving certificate

1. Previouss before judgment: Criminal history records;

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