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(영문) 서울서부지방법원 2016.05.31 2016고단793

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

1. Around July 22, 2015, the Defendant was under the influence of alcohol, such as driving a Cluice car on the front of Yongsan-gu Seoul Special Metropolitan City, on the road prior to Yongsan-gu, the Defendant was driving under the influence of alcohol, such as drinking alcohol from the traffic department of the Seoul Yongsan Police Station and the slopeD belonging to the Seoul Yongsan Police Station, snife and face, red, the Defendant was under the influence of alcohol, and the Defendant was also driving under the influence of alcohol, including: (a) the Defendant was driving of the Cluice car on the front of Yongsan-gu Seoul Special Metropolitan City.

There are reasonable grounds to recognize the same day from 04:03 to 04:37 on the same day to respond to the measurement of drinking alcohol by inserting the whole of drinking in four times during the same day, but did not comply with it.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

A person who has reasonable grounds to be recognized and did not comply with a police officer's request for measurement of drinking.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a Clux car in a section of about 3 km from the road near the Yongsan-gu Seoul Metropolitan Government Station, Yongsan-gu to the front road of the same Gu, Yongsan-gu, Seoul, without obtaining a driver’s license.

3. The Defendant violated the Resident Registration Act by talking the Defendant’s type E resident registration number, which was a type of the Defendant’s resident registration number, in advance, who was in need of a driver’s license from the above slope D at the time of the same day as that of the Defendant, was used unlawfully as the Defendant’s resident registration number.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters, the report on detection of each driver, the ledger of driver's licenses for each motor vehicle, and the report on the circumstances of drivers;

1. Article 148-2 (1) 2, Article 44(2) of the Road Traffic Act (the point of refusing to measure drinking), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of non-licenseed driving) concerning facts constituting an offense, and Articles 148-2(1)2, and 44(2) of the Road Traffic Act.