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(영문) 서울동부지방법원 2021.03.11 2020고단1797
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three hundred thousand won.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2019, the Defendant issued a summary order of KRW 3 million as a crime of violating Road Traffic Act (refluence of alcohol measurement) at the Seoul Central District Court on March 19, 2019.

Criminal facts

1. Around April 18, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) operated CT100 bicycle without a motor device driver’s license from the road located in the 440 km-gu Seoul Special Metropolitan City, to the front road of the Seoul Gwangjin-gu, to approximately 5km-gu, Seoul Special Metropolitan City.

2. On April 18, 2020, the Defendant operated a bicycle for motor device under the influence of alcohol, such as running a bicycle under the influence of alcohol, such as driving of a motor vehicle with a motor device in front of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), a fluor, a fluoring, and a sound while walking.

There are reasonable grounds for recognition, which is a police official, the request for the measurement of drinking by inserting the whole drinking measuring instrument several times from the D Senior Rabse of Seoul Gwangjin Police Station D, which is a police official, but did not put the whole in, but did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

Accordingly, the defendant refused to measure drinking more than twice.

On March 19, 2019, the Defendant issued a summary order of KRW 3 million on March 19, 2019 to a fine of KRW 3 million for a violation of the Road Traffic Act by the Seoul Central District Court on March 19, 201. On April 18, 2020, the Defendant violated the Road Traffic Act (Refusal of drinking measurement).

Criminal facts

1. On November 8, 2020, the Defendant operated the CCA 110 engine bicycle under the influence of alcohol concentration of 0.157% without obtaining a motor device driver’s license from not more than G pharmacy in Gwangjin-gu Seoul Special Metropolitan City around November 8, 2020 to not more than 3km from G pharmacy in Seoul Special Metropolitan City to H road in Gwangjin-gu Seoul Special Metropolitan City.

As a result, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice, and at the same time, bicycles.

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