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(영문) 서울중앙지방법원 2020.06.26 2020고단2845
도로교통법위반(음주측정거부)등
Text

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

When the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

[Criminal Power] On March 28, 2017, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On March 9, 2020, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level), when driving a Cmotor bicycle on the front side of Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) at around 20:39, the Defendant was required to respond to a drinking test by inserting the front side of the D motor vehicle parked on the right side of the road into an emergency medical center for a F Hospital located in Dongjak-gu Seoul Special Metropolitan City (Seoul) and transferred the front side of the D motor vehicle to the emergency center for an emergency in front of the above motorcycle. Since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, b1:25, 21:30, 21:35 total 35 times in a drinking measuring instrument, the Defendant was required to respond to a drinking level by inserting the motor vehicle into the front side of the D motor vehicle.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated the duty of prohibition of drinking driving or the duty of measurement of drinking alcohol not less than twice.

2. On March 9, 2020, the Defendant driven a Cmotor bicycle without a motorcycle driver’s license in a section of about 500 meters from the first road located in the Gwanak-gu Seoul Special Metropolitan City H to the front road of the same Gu from March 20, 2020.

3. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of C-wheeled Motor Vehicle.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance at the same time and place as in the preceding paragraph.

Summary of Evidence

1. Partial statement of the defendant;

1. The results of the CD reproduction viewing 1.

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