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(영문) 청주지방법원 영동지원 2019.10.24 2019고단52
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

"2019 Highest 52"

1. Around 14:00 on April 2, 2019, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) operated a C wing and C 3 truck under the influence of drinking alcohol in the vicinity of the Hacheon-gun B, Chungcheongnam-gun, Chungcheongnam-gun.

On April 2, 2019, at around 14:38, 2019, the Defendant reported to the effect that “a person who drives a drinking alcohol” at the street of the above place, and asked questions as to whether he was driving under influence of alcohol from E and the Inspector F of the Rocheon Police Station, who was called out after having received a 112 report, to the effect that he was “a person driving a drinking alcohol,” and was demanded to comply with a drinking test by inserting it into a drinking measuring instrument over about 40 minutes on the face, for the reason that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a red light on the face, making it clear that he was driving under the influence of alcohol, and making it a drinking alcohol reduction.

Nevertheless, the Defendant did not put the breathbly into a drinking measuring instrument, such as intending to leave the above site, and did not comply with a police officer’s request for a sobreath test without good cause.

"2019 Highest92"

2. Around 14:48 March 19, 2019, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) operated a Cwing and Ⅲ general dump vehicle while drinking alcohol on the front side of the H’s house located in the Chungcheongnam-gun G in Chungcheongnam-gun, Chungcheongnam-gun.

The Defendant, at the above temporary warning point, was in motion with the parking problem of the above H and the above vehicle, and H’s “a person who drives a motor vehicle while driving the motor vehicle,” received 112 report and demanded the Defendant to comply with the alcohol alcohol test for about 20 minutes on the ground that there are reasonable grounds to recognize that the Defendant driven the motor vehicle while under the influence of alcohol, such as smelling and smelling on the face, snicking on the face, and driving the motor vehicle under the influence of alcohol, and driving the motor vehicle under the influence of alcohol.

Nevertheless, the defendant "I will not see why he is driving on a non-road, and will not take a measurement."

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