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(영문) 의정부지방법원 2017.01.20 2016고단3138
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2] On November 16, 2009, the Defendant was issued a summary order of a fine of two million won for a violation of road traffic laws at the Jung-gu District Court on the part of November 16, 2009. On June 5, 2014, the Defendant was issued a summary order of a fine of five million won for a violation of road traffic laws at the Jung-gu District Court on the part of Jun. 5, 2014. On February 26, 2016, the Defendant received a summary order of a fine of four million won for a violation of road traffic laws.

[2016 Highest 3138]

1. On July 16, 2016, the Defendant: (a) driven a three-km road from around 3km to around 3km of the same lux road from around 12:00 to around 12:0 of the road traffic law (unlicensed driving) without obtaining a driver’s license; (b) the Defendant driven a C lux freight vehicle without obtaining a driver’s license.

2. On July 16, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) set up a vehicle at the edge of a road at a point where approximately 300 meters in the direction of the new string distance between the two-lanes in the direction of the road, while driving a C-Sex truck with drinking around 12:00, while moving at the 2-lane in the direction of the new string distance, when moving from the fluent side to the two-lane in the direction of the new string distance.

Therefore, the "breathing of drinking," which was called upon 112 reports, Party E voluntarily accompanied the Defendant to the police box of the Pocheon-si Police Station D police station located in the 12th century, when the Defendant snife, snife, snife, and dnife while sitting in the seat of a driver, etc., due to the circumstances where the Defendant was driving under drinking conditions such as drinking.

At around 12:58 on the same day, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling the Defendant, snicking him/her on his/her face, standing him/her with redlight, rupture him/her, etc.

There are reasonable grounds to determine a seal, and it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant is driving under the influence of alcohol.

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