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(영문) 서울북부지방법원 2015.12.01 2014고단4074
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 00:50 on August 17, 2014, the Defendant, without a vehicle driver’s license, driven D Kaba car at a section of about 1km from the front of the road located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, up to approximately 1km to C in front of the road located in Gangnam-gu, Seoul.

2. 도로교통법위반(음주측정거부) 피고인은 2014. 8. 17. 00:50경 서울 강북구 B에 있는 C 앞 도로에서 술을 마신 상태에서 전항의 카이런 승용차를 운전하다가 시동을 켠 상태에서 잠이 들었다.

The Defendant, upon receiving a report, was required to respond to the measurement of alcohol in a manner of inserting the breathm from around 01:21 to about 40 minutes of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling and smelling the Defendant, sniffing the Defendant at a slope F of the Seoul Gangnam Police Station Escopic Police Station, and sn

Nevertheless, the Defendant did not drive a vehicle and avoided it, and did not comply with the police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Entry of the suspect interrogation protocol of the accused in the prosecution;

1. Statement of the police statement of G and statement of the investigation report (the details of telephone communications of reporters); and

1. Report on the situation of driving without a license, report on the situation of operating without a license, the circumstantial statement of a driver with a driving without a license, and the details of control; and

1. On-site photographs and control photographs, respectively;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

1. Of concurrent crimes, the sentencing reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment prescribed for the crime of violating the Road Traffic Act due to the refusal of taking a heavy alcohol), among concurrent crimes, shall be determined as ordered by referring to the attitude, content of the defense, and the record of the same crime at the time of the instant crime;

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