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(영문) 광주지방법원 2019.07.16 2019고단1850
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2019, at around 22:45, the Defendant violated the Road Traffic Act (i.e., the refusal to measure the noise level) caused a traffic accident in which the street trees located in India at the direction of the proceeding were taken and the car was returned to the H Hospital emergency room in Seo-gu, Gwangju, where the vehicle was driven by a Bsch Rexton car and driving the road in the direction of F in the direction of the Seo-gu, Seo-gu, Gwangju.

Although the defendant's face at the above emergency room has considerable grounds to suspect that the defendant was driving under drinking, such as red and cross-routing, etc., and thus the defendant requested a drinking test, the defendant did not comply with the request of J for the measurement of drinking, which is a police officer, while the defendant was in the house.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a daily border and driver’s license as referred to in paragraph (1) and driving the said vehicle from the street lower than that of the Western-dong, Seo-gu, Gwangju to the same C apartment D, about 3 km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);

1. Registers of driver's licenses;

1. Application of each statute on photographs;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be increased by concurrent crimes as provided for in the offense of violation of the Road Traffic Act heavier than the punishment, but the punishment shall be increased by adding up the long-term punishment of two crimes);

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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