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(영문) 광주지방법원 2014.11.13 2014고단3487

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 13, 2014, the Defendant violated the Road Traffic Act (free license) driving of a vehicle B, without obtaining a driver’s license, at a approximately 50-meter section from the roads under which the Defendant was putting together in the Yong-dong, Gwangju Northern-gu, to the front of the head office of the Cultural Information and Communications, located in the same Dong from the roads under which the Defendant was driving a vehicle B, without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking level): (a) there are reasonable grounds to recognize that the Defendant was driving of the said speculative vehicle while under the influence of alcohol, such as drinking, such as drinking, drinking, drinking, and photographing, by the police box of the Gwangju Northern Police Station, after receiving a report of a traffic accident occurred at the above distance intersection at a temporary crossing, the Defendant avoided the said measurement on the ground that the Defendant was not driven even though he was requested to comply with the alcohol measurement by inserting three or more minutes of drinking level between around 0:15, August 14, 2014 and around 20:38, even though he was required to comply with the alcohol measurement by inserting the alcohol level at least three minutes of drinking level, the Defendant avoided the said measurement.

Accordingly, the defendant did not comply with a police officer's demand for alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute stated in the circumstantial statement of a host driver, investigation report, report on detection of a host driver, and register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It is decided as ordered for the reason of Article 62-2 or more of the Criminal Act of the Order to attend lectures and the community service order;