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(영문) 청주지방법원 2016.02.01 2015고단1506
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a cuss car in the case of a violation of the Road Traffic Act (unlicensed driving) and a violation of the Road Traffic Act (in the case of an accident).

On September 3, 2015, the Defendant driven the said car without obtaining a driver's license from around 01:04, and proceeded with the two-lane line of D in front of C located in C at the Cheongju-ju-si, by using the said car along the two-lane line from the surface of Samsung Apartment apartment to the surface of the swimming pool for students from Chungcheongbuk-do.

At night, the driver of a motor vehicle had a duty of care to prevent an accident by safely driving the motor vehicle by reducing speed and driving the motor vehicle in good manner.

Nevertheless, as the Defendant neglected to do so and neglected to do so and neglected to do so, the lower part of the victim E, which was parked in a two-lane, owned by the victim E, was taken into account as the front part of the said car.

Ultimately, the Defendant did not take necessary measures even after destroying and damaging property equivalent to KRW 1,427,721 at the market price of the repair cost of a multi-use car with the foregoing occupational negligence.

2. Violation of the Traffic Act (Refusal of measurement of drinking), the Defendant, while driving a motor vehicle in a state of drinking at the same time and at a place as paragraph (1), driven the motor vehicle while under the influence of alcohol, such as drinking alcohol to the Defendant and drinking on the face from H around the seat of the Cheongju Police Station G District in the Cheongju Police Station, while driving the motor vehicle in a state of drinking.

On the same day, there is considerable reason to determine a person, and at around 01:35 on the same day, voluntary accompanying to the G district located in the Cheongju-si Office I, and at that place, the defendant was required to comply with a drinking test by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

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