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(영문) 춘천지방법원 속초지원 2014.02.26 2013고단569

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

On September 28, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury resulting from Dangerous Driving) and two years to a suspended sentence on October 6, 2012.

1. On October 31, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and operated a shower car from around 1 km to the Dtel parking lot around 09:30 on the same day from the front day of Crda in Sin-si B, Young-si around 09:25 on the same day.

2. Around 09:30 on October 31, 2013, the Defendant violated the Road Traffic Act driving a shower car as stated in Paragraph (1) of this Article and driving it in the said Dtel parking lot, resulting in a traffic accident that damages the said high-est car to the right side of the G high-speed passenger car parked by F in the direction right side of the next Dtel parking.

Nevertheless, the defendant did not promptly report the fact of accident, degree of damage, measures taken, etc. to police officers or national police stations.

3. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant on October 31, 2013, on the following occasions: (a) around October 10, 2013: (b) the police officers dispatched after receiving a report of drunk driving from the above Dtel and controlled the police officers dispatched, and (c) the Defendant arbitrarily operated the vehicle according to the I district of the H located

The Defendant, from 11:18 to 11:48 on the same day, was required to comply with a request for measurement of alcohol without justifiable grounds, even though there are reasonable grounds to recognize that he/she was driven under the influence of alcohol by police officers J, who belong to the same area within the said I Zone, and due to a significant reason to believe that he/she was driven under the influence of alcohol by means of injecting the breathm for three times in a breathm, etc.

Summary of Evidence

1. The defendant;