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(영문) 청주지방법원 제천지원 2018.09.13 2018고단145
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On June 19, 2015, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on November 5, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving), and on April 14, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drawing driving) in the same court. On December 20, 2016, the sentence of the suspended sentence became final and conclusive on December 20, 2016, and the execution of the sentence was terminated in the Incheon Prison prison on June 26, 2017.

[2] On April 29, 2018, the Defendant: (a) driven a DNA car under the influence of alcohol content of about 0.067% in a section of approximately 500 meters from around the 20:20-si B market around 20:35 of the same day to around 20:35 of the same day; (b) the Defendant driven a DNA car under the influence of alcohol content of about 0.067% in blood.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle in a drunken state in violation of the above provision.

On June 6, 2018, the Defendant driven a motor vehicle under the influence of alcohol by a police officer belonging to the Incheon Police Station G G District, who was called up after receiving a report from 112 that the Defendant shocked the road facilities on the front of F in Y at Dacheon-si on June 6, 2018, and the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, walking, etc. by a police officer belonging to the G District of the Incheon Police Station, who was called up after receiving a notification from H.

Although there are reasonable grounds to determine a person, the defendant was requested to comply with the drinking measurement by inserting the measuring instrument into a drinking measuring instrument around that time, the defendant refused such request and did not comply with the police officer's request for drinking testing without justifiable grounds.

Summary of Evidence

"2018 Highest 145"

1. Statement by the defendant in court;

1. "Notification of the results of the crackdown on the driving of alcohol, statement of details of crackdown, circumstantial statement, and inquiry of the results of the crackdown on the driving of alcohol";

1. Statement by the defendant in court;

1. A copy of the police statement made in relation to the police;

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