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(영문) 서울서부지방법원 2019.08.22 2019고단1797
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 22, 2019, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) on March 22, 2019, around 19:45, the Defendant driven a F-observer car while under the influence of alcohol by 0.104% of the blood alcohol concentration without obtaining a driver’s license from the 1km section up to the road front of the E-point located in Yongsan-gu Seoul Metropolitan Government (Seoul High School) in the same Gu, and without obtaining a driver’s license.

2. On April 19, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) around 00:05 on April 19, 2019, the Defendant driven the said car without obtaining a driver’s license in a section of about 500 meters near Yongsan-gu Seoul Metropolitan Government to the front street of the same Gu.

3. Around 00:05 on April 19, 2019, the Defendant was required to comply with a drinking test by inserting the alcohol while driving the said vehicle under the influence of alcohol in front of Yongsan-gu Seoul, Yongsan-gu, Seoul at around 00:35 on the same day, to take a drinking-free test by a drinking-freer due to a drinking-freer from the superintendent of the police station belonging to the Seoul Yongsan-gu Seoul Yongsan Police Station, and at around 00:35 on the same day, the Defendant was required to comply with the drinking test by inserting the Defendant from the police officer belonging to the Seoul Yongsan-gu Police Station K of the Seoul Yongsan-gu Seoul Yongsan Police Station at around 0:35, while driving the said vehicle under the influence of alcohol in front of Yongsan-gu, Yongsan-gu, Seoul.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 거부하였다.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

4. No defendant who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on the road, which is not covered by mandatory insurance, as a holder of a F observer's motor vehicle;

Nevertheless, the defendant does not subscribe to mandatory insurance at the time and place mentioned in the above 2.

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