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(영문) 청주지방법원 영동지원 2014.06.26 2014고단114
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The defendant has the power to be notified of a summary order of KRW 250,000,000 as a fine for the violation of the Road Traffic Act at the Youngju District Court's Youngdong branch on June 10, 2004 as a crime of violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court's territorial branch on July 28, 2004, a fine of KRW 2 million as a fine for the violation of the Road Traffic Act ( sound driving) at the Cheongju District Court's territorial branch on May 20, 2008, and the fine of KRW 100,000 as a fine for the violation of the Road Traffic Act ( sound driving) at the Cheongju District Court's resident support on July 4, 2013.

【Criminal Facts】

1. Around 23:50 on April 17, 2014, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven an E rocketing car without obtaining a driver’s license at least 100 meters high level on the front side of the Pungdong-gun, Chungcheongnam-gun, Chungcheongnam-do, and 24 meters high level on the road in front of the Pungdong-gun, Chungcheongnam-do.

2. The Defendant violated the Road Traffic Act (Refusal to measure a noise level) received automobiles parked on the road while driving the said rocketing car at the time and place specified in paragraph (1).

The next day of the police box of the Dong-dong Police Station, which was called upon receipt of the report, shall be voluntarily operated with a F police box located on the same side and under the influence of alcohol, for reasonable grounds to recognize that he/she was driven under the influence of alcohol, such as smelling, photographing on face while being under investigation of the traffic accident by the police officer G belonging to the police station of the Dong-dong Police Station.

4. A request was made from around 00:30 to around 01:30 on August 18, 198 to respond to the measurement of drinking alcohol by inserting the whole influor for about one hour.

Nevertheless, the defendant did not comply with a police officer's demand for sobage measurement without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Control note;

1. License register;

1. Colorics and photographs refusing to measure drinking;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of summary orders concerning the same attached military records);

1. Criminal facts;

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