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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
【2019 Highest 1103】
1. On September 2, 2019, the Defendant violated the Road Traffic Act (Refusal to measure a noise level) around 18:50 on September 2, 2019, the Defendant shocked the E-learning car that was parked on the front of the “C Burial” road located in Chuncheon-si B while driving a DNA EX car owned by the Defendant and driving it on the front side.
Accordingly, on September 2, 2019, at around 20:00, the Defendant was required to comply with the alcohol alcohol measurement by inserting four minutes in total from around 20:02 to 20:19 on the same day, in a manner of making it difficult for the Defendant to be found to have driven under the influence of alcohol, such as where the Defendant had a witness’s statement of having caused the above traffic accident from the police officer belonging to the Chuncheon Police Station G District G District of the Chuncheon Police Station, which was called after receiving a report of 112 on the front of the F apartment in Chuncheon, and there was a red view on the Defendant’s face, and there is a regradation of the Defendant’s face, and there is a regrasing reaction of drinking, etc.
그럼에도 불구하고 피고인은 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.
2. On October 24, 2019, the Defendant violated the Road Traffic Act (refluence of measurement) and the Road Traffic Act (unlicensed driving) on October 24, 2019, driving a DNA X-ray car owned by the Defendant from the entrance of I apartment in Chuncheon City to the underground parking lot of the same apartment without obtaining a driver’s license on October 24, 2019.
As above, the Defendant reported a witness to whom the Defendant was driving under the influence of alcohol from K at the border of the J District Police Station of Chuncheon, which was called out after receiving a 112 report at the above apartment parking lot at around 20:45 on the same day, and there is a considerable reason to recognize that the Defendant driven under the influence of alcohol, such as drinking, smelling, taking a breath on the face, and having a breathic response to drinking.