beta
(영문) 수원지방법원 성남지원 2017.08.31 2017고단524

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 524]

1. On February 12, 2017, the Defendant driving a vehicle in Cland without obtaining a driver’s license in the section of about 300 meters from the road front of the trade name “TGK 13,” “TGK,” which is located on the 331-lane, as Sungnam-gu, Sungnam-si, Sungnam-si, to the road front of the 145 sperm 1 Dong community service center.

2. On February 12, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), on the one-lane road in front of the 145-lane community service center, at the same time as the 145-lane sperm, Sungnam-si, Sungnam-si, the Defendant runs along the third-lane road.

“A person who was driven under the influence of alcohol by a police officer belonging to the D police station of the branch of the branch of the branch police station upon receipt of a report 112, in such a manner that he/she snicks the Defendant, snicks his/her face, sn

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole 35 minutes into a drinking measuring instrument four times in total.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

[2017 Highest 843]

3. On March 3, 2017, the Defendant, without obtaining a driver’s license for a vehicle on or around 23:14, operated a car in Cland with approximately 30 meters away from a three-story parking lot adjoining to the powder police station located in Sungnam-si, Sungnam-si, with a alcohol content of 0.091% in alcohol during blood.

Summary of Evidence

[2017 Highest 524]

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home and investigation report (specific report on the section driven by the person under consideration);

1. The driver's license ledger;

1. On-site photographs and CD attachment (hereinafter referred to as “on-site photographs”) (hereinafter referred to as “on-site images”);

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Articles of the Act concerning the facts constituting the crime;