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(영문) 제주지방법원 2016.11.11 2016고단1792

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 19:14 May 4, 2016, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (i.e., the Defendant: (ii) set up the said vehicle on the road in front of the CSS station located in B at the Jeju-si; (iii) while driving a DSS5 vehicle along a three-lane road; and (iv) laid down the said vehicle on the said road while driving the said vehicle on the said road; and (iv) the police officers, upon receiving the notification of the purport that the Defendant’s driving under the influence of alcohol is doubtful, dispatched to the said place.

Since then from 20:00 to 20:30 on the same day, the Defendant failed to comply with the demand of a police officer for a alcohol test for four times in a drunk, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as: (a) in the Jeju Western Police Station Interconnection Zone of the Jeju Western Police Station located in 97 on the same day from 20:0 to 20:30 on the same day; (b) in a big distance, blood color, red; and (c) in a state of speech and behavior; and (d) in a state of abnormal behavior, he/she installed a vehicle on the three-lane road as above,

2. On July 12, 2016, the Defendant driven an ES5 vehicle without obtaining a driver’s license within a three-lane radius from the Do near Jeju Airport located in Jeju City to the Do located in the Do in the Do, Jeju City, to the Do in front of the Do in the Do in the Do, Jeju City, while under the influence of alcohol by around 0.09 percent of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of each host driver;

1. Notification of the result of crackdown on drinking driving;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the point of refusal of measurement of alcoholic beverages);

1. Commercial concurrences: Articles 40 and 50 of the Criminal Act;