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(영문) 청주지방법원충주지원 2020.10.30 2020고단425
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 24, 2011, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Chungcheong District Court (hereinafter “Cheongju District Court”). On June 22, 2011, the Defendant received a summary order of KRW 2.5 million for the same crime at the same court on June 22, 201, and issued a summary order of KRW 10 million for the same crime at the same court on November 29, 201.

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) on July 1, 2020: (a) the Defendant reported a traffic accident in front of the “C” located in B of the Chungcheong City on July 16:55, 202 and reported that the Defendant caused a traffic accident by driving the Ortob, and (b) the Defendant’s blood color from the border E and the border F belonging to the D Zone of the Chungcheongnam-gu Police Station D Zone of the Chungcheongnam-gu Police Station assigned to the site; (c) the Defendant’s speech and behavior is red; and (d) the Defendant has reasonable grounds to recognize that the Defendant driven the Ortoba while under the influence of alcohol, such as the walking distance, etc.; (d) despite the fact that the Defendant was demanded to comply with the drinking-free method of putting the breaba in front of the breabbatha, it would be possible to enter if the Defendant refused to take a drinking-free measure. (c) how to arrest the offender in the act of drinking, without any justifiable reason, means to comply with the above request.”

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

2. Violation of the Road Traffic Act (Free Driver’s License) provided that the Defendant driven an INe T-e 49c motorcycle bicycle at approximately 800 meters section from the front of the drinking store located in G in Chungcheongnam-si without obtaining a license for a motorcycle driver’s license for temporary bordering as set forth in paragraph (1) to the front road of the “C” located in Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of an employee will be made;

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