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(영문) 광주지방법원 순천지원 2015.04.15 2014고단2179
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 20:48 on October 14, 2014, the Defendant was driving a C driver’s vehicle without obtaining a driver’s license in a section of approximately 800 meters from the road front of the changermototon store located in the summer-dong at a leisure time to the Han Jae-ri road located in the same Dong.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) caused a collision with other vehicles at the same time and at the same time as the above paragraph (1) of the same Article, the Defendant was required to respond to a drinking test by inserting the breath of drinking, in such a way as to put the breath into the breath of drinking, on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of drinking, such as drinking and smelling on the face, from the police officers affiliated with the department of the Snish Police Station that observed an accident and taken on the spot, by witnessing the accident and smelling the

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident-related statement of E;

1. A traffic accident report, a traffic accident report, a actual condition survey report, and related photographs on the site of the traffic accident;

1. The register of driver's licenses;

1. Application of Acts and subordinate statutes to reports on the status of running a motor vehicle under consideration, reports on the status of running a motor vehicle under consideration, and reports on the status of a motor vehicle under consideration;

1. Relevant legal provisions concerning the facts of 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 selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. It is disadvantageous to the defendant that there are four criminal records of the same kind of driving without obtaining a license for the reason of sentencing under Article 62-2 of the Criminal Act, three criminal records of driving under the influence of alcohol, and other criminal records of multiple traffic crimes.

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