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(영문) 광주지방법원 해남지원 2019.07.11 2019고단183
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 23, 2019, at around 06:46, the Defendant violated the Road Traffic Act (refluence of the noise measurement). On the road B in front of the Southern-gun, Namnam-gun, the Defendant: (a) driven the C-wing three cargo vehicles on the front of the C-wing vehicle; (b) received the said traffic accident report and sent the said cargo vehicle to the Defendant; and (c) there are reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as drinking, smelling on the face of the D-K Police Station D-gu, Police Station E, which called the Defendant after receiving the said traffic accident report; and (d) taking the influence of alcohol, the Defendant was demanded to put the Defendant into the alcohol measurement by inserting the alcohol measuring machine for three minutes from around 07:28 to 07:43 minutes on April 23, 2019 after the Defendant was sent to the F Hospital emergency room.

Nevertheless, the Defendant refers to “a person who sees, sees, and knows,” and avoided this, and did not comply with a police officer’s request for a drinking test without a justifiable reason.

2. On April 23, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act: (a) around 06:46, the Defendant driven a C-wing truck with three freight vehicles not covered by mandatory insurance without obtaining a driver’s license at a distance of about 6 km from the front and front of the Hindo located in the Namnam Navy G or from the front to the front and front of the west Navy B.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, inquiry into the results of the control of drinking driving, details of control, and circumstantial statement of a drinking driver;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 148-2(1)2, Article 44(2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 15037, Dec. 24, 201); Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 16037, Dec. 24, 201); Article 152 Subparag. 1 and 43 of the Road

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