(영문) 제주지방법원 2013.12.13 2013고단1324

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(영문) 제주지방법원 2013.12.13 2013고단1324

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 21:55 on September 20, 2013, the Defendant, without a vehicle driver’s license, driven a B Belgium car from around 200 meters to the front day of the ear middle school located in the same Ri from the “lick Engine” in the Don-Eup, Don-ri at the Jeju Island.

2. The Defendant violated the Road Traffic Act (refluence of the noise measurement) at the time and place set forth in paragraph (1) of this Article, which caused an accident that led the victim C to drive the said vehicle on the right-hand side of the road, following the left-hand side of the DNA car owned by the victim C, and shocking the pent portion into the right-hand side of the Defendant’s vehicle. The police officer F, etc. of the Jeju Western Police Station E (a police box) dispatched upon receipt of the report, judged that there was a reasonable ground to deem the Defendant to have driven the vehicle on three occasions or more from 22:25 to 22:59 on the same day, but failed to comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the circumstantial reports, investigation reports, and the Acts and subordinate statutes on the register of driver's licenses;

1. Relevant legal provisions and the choice of punishment for a crime: Imprisonment with prison labor under subparagraph 1 of Article 152 and Articles 43, 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

1. Aggravation of concurrent crimes: Along with the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, considering all the following circumstances: A favorable circumstance that recognizes the facts of a crime: (a) has the same criminal record; (b) a violation of the Road Traffic Act; (c) a violation of the Road Traffic Act; (d) a fine of KRW 3 million; (e) a violation of the Road Traffic Act; (d) a violation of the Road Traffic Act; (e) a fine of KRW 3 million; and (e) a violation of the Road Traffic Act; and (e) a violation of the penalty of KRW 3 million; and (e) a violation of the penalty of KRW 00,000; and (e) a violation of the penalty of KRW 0.216% during the suspension period

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