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(영문) 창원지방법원 통영지원 2018.01.25 2017고단1651
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The Defendant was sentenced to a suspended sentence of 2 years in August 3, 2008 due to a violation of road traffic law in the Changwon District Court's branch of January 3, 2008, and was sentenced to a suspended sentence of 3 times as well as two times as a driving force of drinking and two times as a non-licensed driving force.

[Criminal facts]

1. No person shall report or apply any false fact with respect to a resident registration or resident registration certificate that violates the Resident Registration Act;

Nevertheless, on June 22, 2016, the Defendant submitted to D public officials in charge of issuing resident registration certificates at Dong Office C, which is located in Dong Office B, as his/her photograph, his/her relative photograph and received a resident registration certificate.

2. On October 17, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle without obtaining a driver’s license from a section of about 200 meters from the front of a mutual convenience store located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Jin-si, to the front road at the time of Jin-si, and driving a FF-learning motor vehicle without obtaining a driver’s license.

3. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant is under the influence of alcohol on the road front of the JAD on October 17, 2017, “A driver is diving on the vehicle” on the road front of the JAD on the 112 report, and the Defendant is under the influence of alcohol, such as the Defendant’s face from a police officer assigned to the G police box who called to the scene after receiving a report on October 17, 2017, with red, unbrupted, and the body cannot be accumulated

In order to determine the person to be subject to a alcohol test due to reasonable grounds, it was rejected without justifiable grounds, and it was requested to take a alcohol test at around 05:11 and around 05:16 on the same day, but it was rejected without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on investigation (report on the situation of the driver in charge) and a new inquiry cooperation council;

1. A copy of the report processing table and resident registration certificate; and

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

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment A to the suspect A, identical criminal records, indictments, written judgments, etc.).

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