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(영문) 청주지방법원 충주지원 2019.11.29 2019고단555
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.

Reasons

Punishment of the crime

1. Around 19:40 on August 22, 2018, the Defendant was refused to comply with a drinking test by inserting alcohol in a way of inserting alcohol in the direction of about 15 km from the front of Jincheon-gun, Jincheon-gun, to the front road of the E company parking lot located in Jincheon-gun, Chungcheongnam-gun, and then driving the drinking at approximately 15 km section. After driving CIT ACE 110 km, the F (52 years of age) operated by the above E company and the Siviation, which was called after receiving the above F’s report, and the Defendant was found to have driven under the influence of alcohol by the police officer belonging to the voice police station substitute box of the above F, who was called after receiving the said F’s report, such as smelling and smelling on the face of the Defendant.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven the above motorcycle without obtaining a motorcycle driver’s license at the same time and place as above.

3. No person who violates the Automobile Management Act shall unlawfully use a two-wheeled automobile number plate, etc.;

Nevertheless, in June 2018, the Defendant denied the two-wheeled automobile number plate by attaching CITI ACE 110 U.S. No. OE 110, which was driven by the Defendant on the top of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, B, Gocheon-gun.

4. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, operated the CIT ACE 110 unregistered diabs which is not covered by mandatory insurance at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Records of seizure and each list of seizure;

1. Registers of driver's licenses;

1. The police statement concerning F;

1. Photographs of the skin vehicle;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article of the facts constituting an offense and the solicitation of punishment;

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