(영문) 청주지방법원 2020.10.22 2020고단1207

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글꼴

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줄 간격

자간(%)

(영문) 청주지방법원 2020.10.22 2020고단1207

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for not less than one year and six 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

On March 3, 2011, the Defendant received a summary order of KRW 2.5 million from the Cheongju District Court due to a crime of violation of the Road Traffic Act.

1. On May 16, 2020, the Defendant driven CCo-sports cargo vehicle without obtaining a driver’s license in a section of about 5 km from the front of the Central Park in the northwest-gu, Cheongju-si to the front of the Cheongju-si, Chungcheongnam-gu, Cheongju-si.

2. On May 16, 2020, at around 21:18, the Defendant violated the Road Traffic Act (recovering to take a drinking level), the Defendant was divingd with the driver’s seat while driving Ccoon sports cargo vehicles on the front side of the Ccoon on the Cheongdon-gu, Cheongju-gu, Cheongju-gu, B, with the influence of alcohol. The Defendant was under the influence of alcohol due to considerable reasons to recognize that the Defendant was under the influence of alcohol, such as moving off from the driver’s seat, cutting down the vehicle at the Cheongju-gu Police Station D Zone Unit at the Cheongdon-gu, Cheongju-gu, Cheongdong-gu, Cheongju-gu, and called “I will not see himself or herself as being under the influence of alcohol,” but did not comply with a police officer’s demand for a drinking level without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses, and car4;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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