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(영문) 대전지방법원 2019.10.31 2019고단3700
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 18, 2016, the Defendant received a summary order of KRW 3.5 million from the Cheongju District Court as a crime of violation of the Road Traffic Act.

1. On July 12, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at the Defendant’s house located in Sejong Special Self-Governing City without obtaining a driver’s license on July 22, 2019, driving a 2km knife F knife vehicle at the front of “E Burial” of the building Ddong in Sejong Special Self-Governing City, through a drinking house with the trade name unknown at the Defendant’s house located in Sejong Special Self-Governing City,

2. The Defendant violated the Road Traffic Act (refluence of measurement) at the above date and time, at the above place, was making a non-driving without a license as seen above and making a stop on the fluence. On July 13, 2019, the Defendant was required to comply with a drinking test by inserting four times in the G district of the Sejong Police Station G district located in Sejong Special Self-Governing City, which was called after being reported at around 01:35, from around 01:53 to 02:14, inasmuch as there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, snicking, and walking on the spot, from H around the seat of the Sejong Police Station G district in the Sejong Police Station G district in Sejong Special Self-Governing City, who was called up after being reported at around 01:35.

Nevertheless, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds, such as avoiding the alcohol testing or putting in the breath of the measuring instrument into the breath, and making the breath of the measuring instrument soon.

As a result, even though the Defendant violated the prohibition of drinking driving, he did not again comply with a police officer's request for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts.

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