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(영문) 광주지방법원 순천지원 2018.01.04 2017고단1699
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

[2017 Highest 1699]

1. On July 22, 2017, the Defendant: (a) driven a liquid sports vehicle C without a vehicle driver’s license at a section of approximately 2 km from the urban bus platform to the road at the entrance of the same Eup/Myeon from the bus platform located in the relevant Eup/Myeon at the time of the patrol-si at a level of KRW 17:40 on July 22, 2017.

Accordingly, the Defendant driven a motor vehicle without a driver's license.

2. Violation of the Traffic Act (refluence of drinking), the Defendant, at the time and around the day specified in paragraph (1), driven a 3 remaining flag on the ground of the vehicle at the entrance of the above at the entrance of the two village above the road, who was dispatched to the site while stopping.

The statement was made by D, and it was demanded by D to respond to the drinking measurement by inserting the whole breath in three times between about 20 minutes.

Nevertheless, the defendant refused to comply with the demand for alcohol measurement by avoiding it without justifiable reasons.

[2017 Highest 2504]

1. The Defendant is a person who is engaged in driving a C X-ray car in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and the Road Traffic Act (unlicensed Driving).

On August 31, 2017, the Defendant driven the said car without a driver's license on August 13:45, 2017, and proceeded ahead of the lue-gun E road at a speed that would not be known to the lue-si Myeon of the same lue-gun, the front of the lue-gun E road at the seat of the lue-gun.

At the time, it is a bend road to the right side and a place where the passage of vehicles and people is frequent at the time. Thus, a person engaged in driving duty has a duty of care to prevent accidents by thoroughly manipulating the steering and steering gear and accurately.

Nevertheless, the Defendant neglected to do so by negligence and failed to properly operate hand, caused the day next to the bus platform of the opposite side of the bus platform of the opposite side, and fell down with the farm water below the opening.

Ultimately, the Defendant.

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