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(영문) 전주지방법원 군산지원 2016.09.21 2016고단774
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Jeonju District Court’s Gunsan Branch. On October 1, 2014, the Defendant issued a summary order of KRW 2 million for the same crime in the same court. On December 21, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the same crime in the same court, and the judgment became final and conclusive on December 29, 2015.

1. The Defendant is a person who is engaged in driving of a D-Adi vehicle owned by the marine transportation of gold stones.

On August 10, 2016, the Defendant driven a vehicle under the influence of alcohol on the front of F in the Sinsan City E on August 10, 2016, while driving the said vehicle under the influence of alcohol, the Defendant driven the vehicle under the influence of alcohol, such as drinking and smelling the Defendant by a slope of G police box at the Gunnsan Police Station G police station, and cutting off the sprink with the Defendant, driving the vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times at around 04:42, 04:53, and around 05:03 on the same day.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On August 10, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving the said D-A-A-car without a driver’s license in a section of about 2 km from the front day of the mutually aesthetic drinking house in the Gunsan-si Movement to the front day of the F-E at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, investigation report (verification of the period of suspension of execution), and copies of the judgment;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the refusal of measurement of drinking alcohol) concerning facts constituting an offense, and the Road Traffic Act.

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