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(영문) 수원지방법원 평택지원 2015.11.26 2015고단1391
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. The crime committed on April 5, 2015;

A. On April 5, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act, and the Defendant driven B, without obtaining a driver’s license, on the section of about 25 km, from the front day of the 55-dong Haak-si in Gyeonggi-si to the front day of the 18-gu Haak-si in the same city, the Defendant driven B, without obtaining a driver’s license, on the 25-km road from the front day of the 13:5-dong Haak-si in Gyeonggi-si

B. The Defendant violated the Resident Registration Act on the date, time, place, etc. of Paragraph (1) as mentioned above, and stated the name and resident registration number of D who was asked by the head C of the Gyeonggi-gu Police Station traffic safety division at the Gyeonggi-gu Police Station as if the Defendant was D, while working as if he was D.

Accordingly, the defendant used another person's resident registration number unlawfully.

2. The crime committed on August 12, 2015;

A. On August 12, 2015, the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes, in a manner of making it difficult for the Defendant to recognize that he/she was driven under the influence of alcohol, such as making a smelling and photographing a face, from the light-line E belonging to the Gyeonggi Pyeong Police Station, while driving the B, while drinking, and driving the B, while drinking, from the light-line E belonging to the Gyeonggi Pyeong Police Station, while driving the B, he/she was in the influence of alcohol at around 30 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath of drinking so that the Defendant did not comply with the request for alcohol testing.

B. On August 12, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Accident Compensation Act”), without obtaining a driver’s license at a section of about 30 meters from a 72-lane 47-ro, Gyeonggi-si, thereby driving a Bra truck.

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