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(영문) 춘천지방법원 2017.09.19 2017고단744
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 19, 2017, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence due to a violation of road traffic law at the Chuncheon District Court on July 19, 2017. The judgment became final and conclusive on July 27, 2017.

[Criminal facts]

1. On June 24, 2017, the Defendant was driven under the influence of alcohol by the Defendant, such as drinking alcohol and smelling alcohol from the Defendant’s face, after receiving a 112 report that he/she would drink and drive the Dyone Star Trackex, while driving the Dyone Track truck at the entrance of the Cystoid parking lot located in B at early early early 23:45 on June 24, 2017.

Even though there is a considerable reason to determine a person, he/she has not complied with a police officer's request for a measurement of drinking by injecting respiratorys twice, and has not complied with the police officer's request for a measurement of drinking without justifiable reason

2. On June 24, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving of the instant taxi truck without a vehicle driver’s license at a section of approximately two meters at the road at the entrance of the C Round Stack Stick parking lot located in C Posing-si B at the early early January 23:45.

3. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, Defendant 1 driven the same bareboat cargo vehicle that was not covered by mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on occurrence of a case and report on internal investigation (related to the site conditions of the case);

1. Investigative into the driver's license ledger and mandatory insurance;

1. Application of Acts and subordinate statutes governing patrols and video images;

1. Article 148-2 (1) 2, Article 44(2) (a) and Article 152 Subparag. 1, and Article 43 (a) of the Road Traffic Act concerning facts constituting an offense; Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act concerning the compensation for damages.

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