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(영문) 의정부지방법원고양지원 2020.11.30 2020고단1868
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor of one year and three months and a fine of two hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. The Defendant in violation of the Road Traffic Act is a person driving B E63 AMG car.

On June 13, 2020, the Defendant driven the said car on June 13, 2020, and turned ahead of the “D’ beauty room” in the Yongsan-gu, U.S., U.S., U.S., to the direction of the lecture from the edge of the park.

In such cases, a driver of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance by accurately operating the steering direction and brake system.

Nevertheless, the Defendant neglected this and received the front portion of the FHODDA CR-V car owned by the injured party E, which was stopped on the rear side of the Defendant’s vehicle, from the Defendant due to his negligence.

Ultimately, the Defendant did not take measures, such as destroying the above damaged vehicle by occupational negligence in order to maintain the repair cost of KRW 5,625,769, and providing personal information to the victim.

2. On July 26, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in order to obtain a summary order of KRW 1,50,000 for a violation of the Road Traffic Act from the Goyang Branch of the District Court of the Republic of Korea on July 26, 2013.

At around 08:30 on June 13, 2020, the Defendant driven a B E63 AMG car while drinking alcohol from the roads near Seoyang-gu, Seoyang-gu, Seoyang-gu to the front road of H in the same city.

At the time, there was a considerable reason to recognize that the defendant was driving under the influence of alcohol, such as smelling, sniffing red on the face.

Accordingly, the JJ on the I District Police Station of the Busan Western Police Station requested the defendant to respond to the measurement of drinking in a way that the defendant was not able to take a drinking measuring instrument three times.

Nevertheless, the defendant did not put the part of the drinking-free measuring instrument into the drinking-free measuring instrument and avoided it, and without justifiable reasons.

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