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(영문) 수원지방법원 2017.11.14 2017고단5497
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 5, 2017, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), while driving a B-A-D vehicle with alcohol around 02:30 and driving it on the road in front of the Legal Training Institute, which is located in 243 in the composition of the D-A-Sa-si, G-A-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

“A person who was driven under the influence of alcohol by the Defendant, such as smelling the Defendant from the police box D, etc. to which the police box affiliated with the Yongsan Police Station C, which was called upon 112 report.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant makes a false statement that he/she had not driven, and the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. On June 5, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) and the Act on Guarantee of Compensation for Automobile Damages: (a) drive a vehicle B, which was not covered by mandatory insurance without obtaining a driver’s license from the neighboring road of the Suwon-si Office, which was located in 435, to the front road of the Legal Training Institute located in 243, from the neighboring road of the Suwon-si Office, to the 243-si Gao-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report and control photograph;

1. Electronic data, including inquiries about mandatory insurance;

1. Application of Acts and subordinate statutes to report on investigation (report on the result of telephone statement hearing with employees of an insurance company);

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the act of refusing to measure drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the act of refusing to drive a motor vehicle without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act (the act of operating a motor vehicle with which the mandatory insurance is not mandatory insurance);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.

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