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(영문) 의정부지방법원 고양지원 2020.04.10 2019고단3325
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 14, 2009, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and on October 21, 201, the same court issued on October 21, 201 a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act.

"A drinking driver has received another vehicle from another vehicle" while driving Dpoter II cargo on the front of B Apartment-dong B Apartment-dong at around 22:50 on October 1, 2019, the Defendant: (a) had reasonable grounds to recognize that a motor vehicle was driven under the influence of alcohol, such as the horse F, G’s sniffing, smelling from the police box affiliated with the 112 police box of the Pakistan Police Station sent out after receiving a report, and smoking from G, making a sniffing on the face, and showing the reaction of drinking while driving the motor vehicle on three occasions from around 23:19 to around 11 minutes of the same day; and (b) did not comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

[200 Highest 551]

1. Around 00:09 on January 28, 2020, the Defendant driven D Poter II Cargo Vehicles without obtaining a driver’s license from the Iju shop located in the Triju-si in the Triju-si to J from approximately 1.5 km.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of D Poter II, operated the said cargo vehicle which was not covered by mandatory insurance at the time and place specified in paragraph 1.

3. Violation of the Road Traffic Act (Refusal of measurement) is reasonable to suspect that the Defendant was driving under the influence of alcohol while under the influence of alcohol, such as the influence of alcohol, by making a report from around 00:09 on January 28, 202 to 00:28, to the effect that “A vehicle suspected of drinking exists” on the road in front of theJ at the time of sowing.

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