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(영문) 춘천지방법원 속초지원 2017.11.22 2017고단209

도로교통법위반(음주측정거부)등

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

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

Reasons

Punishment of the crime

On August 30, 2002, the Defendant issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on August 30, 2002, as a crime of violation of the Road Traffic Act, as a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act at the early branch of the Chuncheon District Court on November 28, 201, and on November 7, 2012, the Defendant issued a summary order of KRW 1 million as a fine by the same court on November 7, 2012.

1. On January 14, 2017, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), following the report of 112 that he/she caused a traffic accident while driving a motor vehicle in front of the Gosung-gun of the Gangwon-gun, Gangwon-gu, Gangwon Police Station D police box sent to the site after having received a report of 112 on the fact that he/she caused a traffic accident while driving a motor vehicle on the front side of the Gangwon-gu, Gangwon-gu, Gangwon Police Station D police box assigned to the scene, and the police officer made a statement about the circumstances of driving the motor vehicle, etc., smelting, snicking, smelting and faceing, snicking, snicking, hicking, and driving a G-wing and driver of a third cargo while under the influence

Despite the fact that there are reasonable grounds to determine a person, the police officer failed to comply with a police officer's request for measurement of drinking without justifiable grounds, even though he/she was requested to comply with a police officer's request for measurement of drinking by inserting the person in a drinking measuring instrument three times from 19:00 to 19:15 on the same day.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving of the G salary class III freight vehicle described in the preceding paragraph without obtaining a driver’s license from a distance of approximately 500 meters from the front side of the future high-water road located in the Gosung-gun, Jin-gun, Jin-gun (Seoul) to the front side of the same military, which is located in the day specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and I prepared;

1. Report on the occurrence of a traffic accident, notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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