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(영문) 광주지방법원 2019.06.20 2019고단1263
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 02:00 on March 23, 2019, the Defendant continued to drive an I car in the section of approximately 1.8 km from the Seo-gu apartment parking lot in Gwangju to the “D” road in the same Gu C, and around 04:28 on the same day from the front of the F Agency in Gwangju-gu, Seo-gu to the Hence road in the same Gu, the Defendant continued to drive an I car in the section of about 50 meters without obtaining a driver’s license.

2. On March 23, 2019, at around 04:28, the Defendant violated the Road Traffic Act (refluence of the noise measurement): (a) around 112, while driving a knife car in front of the H located in Seo-gu, Seo-gu, Gwangju; (b) parked in the driver’s seat of the above car in which the Defendant was moving on the chill; (c) from K and the police box of the Seo-gu Police Station of Gwangju who was called to the site after receiving a 112 report while driving the knife on the front of the H on the road located in Seo-gu, Seo-gu, Gwangju; and (d) from K and K to K, the police box of the Seo-gu Police Station of Gwangju who called to the site; (d) sniffe in the Defendant’s entrance; and (d) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a knife distance.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하고, 입을 막는 등의 방법으로 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written inquiry about the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Report on internal investigation (Refusal of measurement), report on internal investigation ( telephone conversations by 112 reporters), and report on internal investigation (person under suspicion A-Gu M telephone conversations);

1. On-site photographs;

1. The application of statutes to the results of the reproduction of one CD;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, each of them shall be applicable to the punishment;

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