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(영문) 대전지방법원논산지원 2020.12.01 2020고단374
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 26, 2018, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court’s collegiate mountain support.

On March 23, 2020, the Defendant discovered that police officers were under influence on the road while driving Category C rocketing car on the front side of the Chungcheongnam-gun, Chungcheongnam-do in a drunken state at around 21:05, while drinking, and stopped on the road, and there is considerable reason to recognize that the Defendant was under influence of alcohol, such as the Defendant’s statement that he was under influence of one disease of beer, face of being red and smelled, and so on, the Defendant did not comply with the request for a alcohol measurement by inserting the alcohol measuring machine four times from around 21:10 to 21:26 of the same day, even if the Defendant was requested to take a alcohol measurement by inserting the alcohol measuring machine at least three times, “one time, as it was crackdownd before it, it should not be avoided by making the alcohol measuring machine late,” and did not comply with it without any justifiable reason, such as making the measuring machine not operate to the extent that it does not operate.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

2. Violation of the Road Traffic Act;

A. On July 7, 2020, at around 08:15, the Defendant driven the said car without obtaining a driver’s license at approximately 39 km section from the street in front of the residence in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun to the front parking lot in front of the G elementary school located in the Cheongyang-gun, Chungcheongnam-gun.

B. At around 08:09 on July 8, 2020, the Defendant driven the said car without obtaining a driver’s license in the foregoing section.

C. On July 9, 2020, the Defendant driven the said car without obtaining a driver’s license in the foregoing section, around 08:16.

On July 9, 2020, the Defendant: (a) around 10:34, at the front parking lot of the above G elementary school, via the above dwelling area and the I restaurant located in Chungcheongnamnam Military H in order, and (b) around 13:36 on the same day.

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