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(영문) 의정부지방법원 2014.06.19 2013고단4533

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 6, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act (refluence of the measurement of the noise level) at the District Court of the Republic of Korea on August 5, 2011, and completed the execution of the sentence in a governmental prison.

1. Around September 22, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) (hereinafter “Road Act”), at around 10:10 on September 15, 2013, driven C-wing truck without obtaining a driver’s license on a section of about 100 meters from the front day of the Gyeong-gun Gyeong-gun’s boom to the same 10-meter road.

2. On September 15, 2013, at around 22:10 on September 22, 2013, the Defendant was required to comply with a drinking test by inserting approximately 50 minutes of drinking in a breathm measuring instrument, such as drinking and smelling on the Defendant, from D, while driving a fran vehicle of the C-wing and fran vehicle on the front of the lake franite, in front of the family Gandong Gan-gu, Bupyeong-gu, Bupyeong-gu, D, the traffic control direction of the Eunpyeong Police Station, in which the Defendant was found to have driven while under the influence of alcohol, due to reasonable grounds for recognizing that the Defendant driven the vehicle, such as drinking and smelling on the face.

그러나 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰 공무원의 음주측정 요구에 응하지 아니하였다.

3. On September 15, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said cargo vehicle not covered by mandatory insurance at a section of approximately 100 meters from the 100 meters away from the day before the Gyeong-gun Gambb, which was located in Pyeongtaek-gu, Gyeonggi-gu, Gyeonggi-do, to the day before the Gyeong-gun Gam Gamb.

Summary of Evidence

1. The defendant's legal statement (the sixth court date);

1. Report on the state of the state of drinking driving, report on the control of drinking driving, and record of the degree of drinking attempts;

1. Registers of driver's licenses and mandatory insurance;

1. Previouss before ruling: Criminal history records, inquiry reports, and investigation reports (verification of suspect A attempted crimes) shall apply to Acts and subordinate statutes;