2013rdest 2316 Violation of the Road Traffic Act (Refusal of measurement of alcohol), and violation of the Road Traffic Act

(Unlicensed Driving)

A person shall be appointed.

Freeboard (Lawsuits) Doz. (Public Trial)

Attorney Kim-Hy-hwan

July 15, 2013

A defendant shall be punished by imprisonment for one year.

Criminal History Office

1. Violation of the Road Traffic Act (Operation without Permission);

On June 11, 2013: around 50, the Defendant driven a motor vehicle with approximately 2 km section from the front of the school in Ulsan-gu to the front road in the Jinnam-dong in the same city-gu to the front road in the Jinnam-dong in the same city-dong without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking);

On June 11, 2013: 03: 55, the Defendant, while driving the BMW car on the front side of the Meart in the Jindong in Ulsan-gu, Ulsan-gu, Ulsan-do, at around 00 - 00- BMW car, was in danger to other drivers of the previous vehicle while driving it on the front side of the Meart, and was dispatched to the police station of the Ulsan Central Police Station after receiving a report.

At around 04:41 on the same day, the Defendant, at around 41, was required to respond to the measurement of alcohol in a manner of inserting the breath of alcohol four minutes between 36 minutes and 4 minutes, on the ground that there is considerable reason to recognize that he was driven while under the influence of alcohol, such as smelling, smelling, reding, etc., by a slope B from a slope. However, the Defendant did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of the signatory country;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. An investigation report (on-site exit status);

1. Registers of driver's licenses for motor vehicles (A) and disqualified for the main office;

1. A photograph refusing measurement;

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 148-2(1)2, 44(2) (non-compliance with the measurement of drinking), 152 subparag. 1, 43 (Occupancy of Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Cho Jae-Seng-