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(영문) 대전지방법원 논산지원 2016.05.24 2015고단762
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

1. On November 30, 2015, the Defendant was driving a C car with no driver’s license within approximately 2 km section from the front of the Cirstal road in the Cirsta-dong, Seosan-si, Seosan-si, Seosan-si to the front road of the Chungcheong tower located in Seosan-si, Seosan-si.

2. On November 30, 2015, the Defendant was under the influence of alcohol, such as drinking alcohol, sniffing the Defendant on the front of the entrance of the Chungcheong tower located in the Gangseo-si, Seosan-si, Seosan-si, while driving a C car with drinking alcohol at around November 14:35, 2015.

Due to reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting approximately 29 minutes in three occasions, such as around 15:07, around 15:18, and around 15:36, on the same day.

Nevertheless, the Defendant continued to avoid a drinking test and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

3. On March 15, 2016, the Defendant driven Ebeen or a car while under the influence of alcohol leveling 0.087% without obtaining a driver’s license from the 1km section from the 1km section of the Hanyang University, which is located in Seosan-si, Seosan-si, to the electric power-driven road located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigative into the ledger of driver's licenses and disqualified driver's licenses;

1. Application of Acts and subordinate statutes to photographs about the refusal to measure drinking;

1. Article 148-2(1)2, Article 44(2) of the Road Traffic Act (the refusal of measurement of drinking), Article 152 Subparag. 1, Article 43 of the Road Traffic Act (the occupation of unauthorized Driving), Article 148-2(2)3, and Article 44 of the Road Traffic Act concerning facts constituting an offense.

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