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(영문) 춘천지방법원 강릉지원 2015.04.29 2015고단16

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

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 17:45 on February 9, 2014, the Defendant violated the Road Traffic Act (e.g., refusal to measure a noise level), driving a DNA gallon vehicle in front of the Southern Saemaul Undong-dong of Gangseo-si, while drinking alcohol on the road, and operating a Dgallon vehicle in front of the Southern Saemaul Undong-dong of Gangseo-si, and operating a Dgallon vehicle in front of the road parking zone in front of the community credit cooperative, with approximately 5 meters away from the road towards the road, and collision with the gallon part after driving the E E E E E-coo vehicle in front of

As there are reasonable grounds to recognize that a person was driven under the influence of alcohol, such as smelling and snicking on the face, etc. from G from the personnel of the F District of the Gangseo Police Station who was called upon the report, he was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of the alcohol measuring instrument.

Nevertheless, the Defendant, one month, avoided this, and did not comply with a police officer’s demand for sobage measurement through three times from 17:57 to 18:20 on the same day without any justifiable reason.

2. Around 12:00 on February 9, 2014, the Defendant operated a dgallon-ro car owned by the Defendant on the front road at approximately one kilometer in front of the same Simamam-dong, located in the same citymam-dong additional village of Gangseo-si, and on the front road at about 16:00 on the same day, the Defendant operated a dgallon-car car at around 300 meters from the front road in front of the Southern Saemaul Undong without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as actual condition survey reports, field photographs, etc., prime driver's license reports, status quo statements of drivers, and car driving licenses;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act (a point of driving without permission), and choice of imprisonment with prison labor;

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

1. Article 62 of the Criminal Act: