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(영문) 수원지방법원 성남지원 2015.04.07 2013고단1375
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 10, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in relation to the act of violating the Road Traffic Act at the Sungnam Branch of Suwon District Court on October 10, 2008, and on July 21, 2009, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on July 21, 2009.

On June 19, 2013, the Defendant, without a driver’s license, driven a B Carren vehicle at a section of about 10 meters from the 35 Gwangju City Gyeong-ro 25-ro Do in front of the 35-ro Do in Gwangju-si to the roads ahead of the calendar branch in the same area without a driver’s license, while under the influence of alcohol 0.313% of alcohol level.

2. On June 21, 2013, the Defendant: (a) around 10:35 on June 21, 2013, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting a drinking measuring instrument into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as drinking alcohol and smelling on the face, while driving a B car with a driver’s license in the fluorial intersection located in the fluor of the fluor of the Sinpo-Eup-si, Gwangju, without obtaining a driver’s license, while driving the B car in the fluorial drive of the B car without obtaining a driver’s license.

Nevertheless, the Defendant avoided the foregoing measurement and did not comply with a police officer’s demand for alcohol measurement without justifiable grounds.

Summary of Evidence

"2013 Highest 1375"

1. Police suspect interrogation protocol of the accused;

2. A written report from an employer;

3. Registers of driver's licenses.

4. Previouss before judgment: Criminal history records, etc. and "2013 Highest 1470".

1. A protocol of partial police interrogation of the accused;

2. Report on the status of running a motor vehicle under consideration, and the register of handling the motor vehicle under consideration for the driver under consideration;

3. Refusal photographs of measurement;

4. Application of the statutes on the ledger of driver's licenses.

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts; Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act; subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning criminal facts;

2. Formal concurrence and punishment;

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