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(영문) 전주지방법원 정읍지원 2016.11.10 2016고단258

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 258"

1. Around 10:00 on June 13, 2016, the Defendant was required to respond to the measurement of alcohol by inserting it into a drinking measuring instrument three-minutes between 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, and walking, on three occasions between 30 minutes and 30 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

"2016 Highest 437"

2. At around 05:30 on September 4, 2016, the first driver without a license, the Defendant driven the D Poter truck without obtaining a driver’s license from the front of the Defendant’s house located in Jung-Eup-si to the front of the 1km road located in front of the same Silurdo 961, and again drive the D Poter truck without obtaining a driver’s license from the front of the said Defendant’s house.

3. At around September 17:13, 2016, the second driver’s without a license, the Defendant driven the D Poter truck without obtaining a driver’s license from the front of the Defendant’s house located in Jung-Eup-si to the front of the 1km road located in front of the same Dolsan-ro 961, and again drive the D Poter truck without obtaining a driver’s license from the front of the said Defendant.

Summary of Evidence

"2016 Highest 258"

1. Partial statement of the defendant;

1. Legal statement of witness F and G;

1. Report on the circumstantial statement of a host driver "2016 high-class 437";

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of statutes concerning disqualified meetings of the main office;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment for each type of crime;

1. Of concurrent crimes, the crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are committed.