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(영문) 수원지방법원 2016.03.04 2016고단54
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On July 9, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny in a member of the Suwon District Court’s Pyeongtaek District Court, and completed the execution of the sentence on May 8, 2015.

[Specific Crime]

1. On September 17, 2015, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a bicycle for the CA110 E-Engine on the front side of the C-W at Osan City, in a state of drinking on September 18:30, 2015, the Defendant got injured and sent back to G hospital located in the F of Osan City at the scene of the injury, and was under the influence of alcohol, such as drinking alcohol from I by the border of the H police station in the G Hospital located in the G hospital of the same day, while driving a bicycle for the CA110 E-Engine on the front side of Osan City.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 40 minutes into a drinking measuring instrument.

Nevertheless, the defendant, who was aware of the accident, refused to comply with the request of a police officer for a measurement of drinking without a justifiable reason.

2. On September 17, 2015, the Defendant: (a) operated a motor bicycle in approximately 3 km section from the front of the cafeteria cafeteria cafeteria at Osan City to the front of the C in the Osan City, without obtaining a motor device license; (b) on September 17, 2015, the Defendant violated the Road Traffic Act (unlicensed driving).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A report on internal investigation:

1. The driver's license ledger;

1. On-site photographs;

1. Records of judgment: Application of a reply to inquiries, such as criminal history, investigation report (prior convictions for repeated crimes), identification of each individual, and current status of confinement under statutes;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking and the choice of imprisonment) applicable to the crime, Article 154 subparagraph 2 and Article 154 of the Road Traffic Act.

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