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(영문) 서울북부지방법원 2016.09.22 2016고단2603
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 24, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a CM7 car at approximately 150 meters away from the set-off main apartment 922, set-off parking lot in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, about 03:10 on May 24, 2016, without obtaining a driver’s license.

2. On May 24, 2016, the Defendant was under the influence of alcohol, such as smelling and snicking on the face of the Defendant from the border D belonging to the above police station, while he was investigated by the Nowon-gu Nowon-gu Police Station that caused an accident while driving without a license at the time and place specified in paragraph (1) at the Nowon-gu Nowon-gu, Seoul Special Metropolitan City Nowon-gu Police Station on May 24, 2016.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over approximately 22 minutes.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated the CM7 car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

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

1. Each report on investigation;

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

1. Relevant Article of the Act concerning the facts constituting an offense, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving), Article 46 (2) 2, the main sentence of Article 8 (main sentence) of the Guarantee of Automobile Damage Compensation Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and each choice of imprisonment with labor;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2 of the Criminal Act on the observation of protection.

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