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(영문) 광주지방법원 2019.11.28 2019고단3169
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 10, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Seocho Branch of the Chuncheon District Court on November 10, 201, and on March 25, 201, the Defendant was sentenced to a fine of KRW 10 million for a crime of violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on March 25, 201.

【Criminal Facts】

1. On July 18, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and driven the Esch Rexton car from approximately 40 meters to the D followed Road in B and C in Naju City without obtaining a driver’s license on July 16, 2019.

2. On July 18, 2019, at around 16:49, the Defendant: (a) stated that he diced the vehicle on the following side of the instant D on the road; and (b) after having arrived at the scene by G during the course of the police box and by the security guards, he diced two soldiers out of the vehicle and diced at the house after having arrived at the scene; and (c) there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as smelling in a brea police box, and he did not comply with the measurement of alcohol by G during the course of the police box of the brea police station, even though he was requested by G to comply with the alcohol level

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement under the circumstances of the driver of the drinking spring;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation report [including attachment of the same kind of crime, etc. (including attachment of summary orders and three copies of the judgment] statute;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license) of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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