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(영문) 대전지방법원 2013.09.06 2013고단2327
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 02:20 on May 16, 2013, the Defendant driven a vehicle with C 300 meters high speed from the front of the trade convenience store in the Jung-gu Daejeon-gu, Daejeon-gu to the front of the Yoo-dong, Daejeon-dong, Daejeon-dong, without obtaining a driver’s license.

2. On the same day, the Defendant, while driving the said vehicle at around 03:39 on the same day, conflict with D vehicles at the shooting distance in front of a person who is to make the said vehicle a line in the Daejeon Middle-gu, Daejeon. On the same day, there are reasonable grounds for the Defendant to be deemed to have been driven under the influence of alcohol, such as smelling at the Defendant’s entrance, and showing the reaction of drinking during a drinking-free season, etc., the Defendant did not comply with a request from F for a measurement of drinking by the Inspector at around 04:05 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the refusal to measure a noise, the choice of imprisonment) Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment);

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

1. The fact that the circumstances after the crime were committed during the period of suspension of the execution of the same kind of punishment under Articles 53 and 55(1)3 of the Criminal Act (the reason why the crime was committed, the reason why the crime was committed, the serious reflectivity, and the health family relationship) are not good;

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