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(영문) 청주지방법원 충주지원 2017.05.30 2016고단927
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal history] On October 2, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s support on October 2, 2015, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on November 4, 2016.

[2016 Highest 927]

1. On September 23, 2016, the Defendant: (a) driven a motor vehicle of D class-III at a section of approximately 1.5 km from the 2nd apartment building near the Haakdong training-dong and drinking on September 23, 2016 to the 1.5 km of the same Hayang-dong to the 2nd road; (b) driven a motor vehicle of D class-III without obtaining a driver’s license; (c) the Defendant parked the motor vehicle of Hanyang-do in front of the 2nd Haak-dong, and was parked in the front of the Haak-dong 2nd Haak-dong.

E- The accident involving the car received by the vehicle, and the accident was discovered to G, etc. to the police officers belonging to the F District of the Police Station of the Chungcheongbuk-gu Police Station called out after receiving the report.

The Defendant driven under the influence of alcohol, such as being snicked in the entrance and sniffed with red and boomed with a snick, leaving the snick onto the immediately preceding cargo driver’s seat.

There was considerable reason to suspect.

The Defendant was requested from 05:28 to 05:59 on the same day to take a alcohol test four times at the F District of the Seongbuk-gu voice police station located in H in Chungcheongnam-si, Chungcheongnam-si, but did not comply with the demand without justifiable grounds.

As a result, the Defendant is driving an automobile without obtaining a driver’s license, and is in a drunken condition.

A person who has a reasonable ground to be recognized and has not complied with a police officer's measurement of drinking.

[2017 Highest 268]

2. On February 27, 2017, the Defendant did not obtain a driver’s license while under the influence of 00:09, the blood alcohol level of 0.126%, and the Defendant tried to enter the road after stopping in front of the “J” store located in H at the Ha, when he/she was able to drive the Ike and drive the Ike freight, without obtaining a driver’s license.

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