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(영문) 춘천지방법원 원주지원 2018.01.12 2017고단483
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 483] The Defendant driven a motor vehicle under the influence of alcohol on February 4, 2017, by drinking alcohol on the roads B at Gangwon-si, Gangwon-si, Seoul Special Metropolitan City (Seoul Special Metropolitan City) on February 4, 2017, while driving a motor vehicle of Category C at approximately 15 meters in approximately 15 meters.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking at intervals of 10 minutes by inserting the whole in three times in a total.

Nevertheless, the Defendant avoided the alcohol measuring instrument in his/her hands and did not comply with the police officer's request for the measurement of alcohol without justifiable grounds.

[2017 order 726] On June 30, 2017, the Defendant driven a car car in the Csp-type without obtaining a driver’s license on the section of about 8 km from the front of a 132km in the direction of the Yeongdeungpo-dong Highway (132km) to the front road of the 140km in the direction of the Gangseo-dong Highway (140km) in the front of the front of the west-dong of the city.

[2017 Highest 1101] On September 13, 2017, the Defendant driven a Csp-type car without obtaining a driver’s license from G parking lot located in F in Gangwon-si, Gangwon-si to 149, the same city viewing from the G parking lot located in 16:50 on September 13, 2017 to 149.

Summary of Evidence

[2017 Highest 483]

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. A criminal investigation report (including 112 reported data);

1. Statement by the defendant in court;

1. The ledger of driver's licenses and the circumstantial report on driver's licenses without licenses (2017 Height 1101);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the circumstantial report on unlicensed driving;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 of the same Act concerning facts constituting an offense.

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