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(영문) 대전지방법원 서산지원 2015.03.25 2015고단104
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

[2015Kadan44] On August 12, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on August 12, 2010, and on March 28, 2014, the same court issued a summary order of KRW 4.5 million as a fine for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving without a license).

【Criminal Facts】

On October 22, 2014, at around 01:34, the Defendant driven a DNA-free vehicle without obtaining a driver's license at a section of about 500 meters from the front of a restaurant in the trade name, e.g., Sinjin-si, Sin-si to the front of a 500-mnive bath, and under the influence of alcohol level of 0.059%.

Therefore, even though the defendant violated Article 44 (1) of the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.

[2015 Highest 104]

1. Around 22:08 on January 24, 2015, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments over about 20 minutes by inserting alcohol measuring instruments into a drinking measuring instrument while driving G the car in front of a F cafeteria located in E at the time of Jinjin, on the ground that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and smelling red on the face of the police station life safety at the Jinjin Police Station and his/her slopeH.

Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds

2. Around January 24, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving at the 170-meter section from the front of a Dadi-U.S. restaurant that is a Dadi-U.S. movement to the front of the F cafeteria located in the Sinjin-si E, the Defendant driven a G KU car without obtaining a driver’s license.

Summary of Evidence

(b).

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