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(영문) 청주지방법원 2013.05.30 2012고합338
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2012 Gohap338]

1. Around 03:00 on August 22, 2012, the Defendant driven a Drocketing or other car without a driver’s license within a section of about 10km from the front line of the Defendant’s house located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-do to the front distance of the fire station located in the same Gu Hacheon-dong through the same Gu Hacheon-dong.

2. Violation of the Road Traffic Act (Refusal of the measurement) on August 22, 2012, the Defendant did not comply with a police officer’s demand for the measurement of alcohol without justifiable grounds, despite the fact that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as drinking in the Defendant’s entrance at the F District of the Cheongju-gu Cheongju Police Station located in Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, and raising the face a red belt, etc., even though he was requested from the slope G belonging to the said F Zone on August 22, 2012 to respond to the demand for the measurement of alcohol by inserting the whole breath from around 03:53 to about 04:23 of the same day by inserting the alcohol measuring instrument during the influence of 30 minutes.

[2013Gohap3]

1. Around 22:40 on January 13, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, the Defendant driven a D's vehicle from the front side of the Defendant in the Heung-gu Seoul Metropolitan City, Cheongju to the front side of the I restaurant located in the Heung-gu, Cheongju-si, Cheongju-si without obtaining a driver's license within a approximately 5km section from the front side of the Defendant in Cheongju-si

2. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person who is engaged in driving the said cattle or passenger car.

On January 13, 2013, the Defendant driven the above vehicle without obtaining a driver's license at around 22:40 on January 13, 2013, and the Defendant driven the three-lane road in front of the above I cafeteria at the speed of the unsurging distance from the bridge to the bottom of the surging distance.

Since it is a road that enters the intersection, there was a duty of care to safely drive a vehicle that stops on the ground of electric view, signal atmosphere, etc.

Nevertheless, the defendant.

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