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(영문) 광주지방법원 2020.01.08 2019고단3642
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant was issued a summary order of a fine of four million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.

[2019 Highest 3642]

1. On September 13, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a F rocketing car at approximately 1 km section from the roads in front of the Haju-si, Jeonnam-si without obtaining a driver’s license on September 13, 2019, via E stores in Jeonnam-si, Jeonnam-si, to the roads in front of the said C.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking level) on September 3, 2019, the Defendant avoided a request from a police officer to respond to the measurement of drinking level for about 20 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking, smelling, drinking, drinking, and drinking at a slope H belonging to the Ga police station of the State Police Station, called out after receiving a report that the drinking driver was a drinking driver at C in front of the road located in B at Jeonnam-si on September 13, 2019.

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

[2019고단4177] 피고인은 2019. 6. 25. 11:55경 나주시 I에 있는 J 내 주차장에서 나주경찰서 G파출소 소속 경위로부터 피고인에게 술 냄새가 나는 등 술에 취한 상태에서 운전을 하였다고 인정할 만한 상당한 이유가 있어 같은 날 12:00경부터 12:15경까지 약 15분간에 걸쳐 음주측정에 응할 것을 요구받았음에도 음주측정기를 손으로 밀어내고 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

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

[2019 Highest 4524]

1. The defendant of a violation of the Road Traffic Act (Refusal of measurement) shall overtake K on the road at the 20:00 on October 10, 2019.

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