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(영문) 광주지방법원 해남지원 2014.07.16 2014고단149
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 of the final judgment.

Reasons

Punishment of the crime

1. On May 14:40, 201, the Defendant violated the Road Traffic Act (i.e., refusal of measurement) and (ii) the Defendant is driving the said cargo in compliance with a request of the Defendant to move the F Poter to stop and stop the way from E, etc. during the patrol, etc., from the situation where the police box of the Do Police Station where the Defendant was patroled, while driving the patrol vehicle in front of the Dondo Police Station.

approximately 3 meters later, the front part of the patrol car was received as the part of the cargo loaded.

At the time, there was a reasonable reason to recognize that the Defendant driven the above cargo while under the influence of alcohol, such as a red, smelling, snicking, and punishing the above E, etc. in mind.

In this regard, the above D police box, from 15:08 to 15:29 on the same day, did not comply with the above D police box's request for the measurement of alcohol as respiratory investigation three times from G during the police box belonging to the above D police box.

2. The defendant is a holder of the above cargo vehicle in violation of the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act.

On May 9, 2014, at around 14:40, the Defendant driven the above cargo vehicle, which was not covered by mandatory insurance, without obtaining a driver’s license from around 300 meters from the Do of the Republic of Korea to the same Do of the Do of the Republic of Korea, from around 271-1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Photographs refusing to measure drinking;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a punishment (the rejection of drinking, the choice of imprisonment), Article 152 (1) and 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 (the occupation of operating automobiles which are not mandatory insurance and the choice of imprisonment);

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

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