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A defendant shall be punished by imprisonment for one year.
Costs of lawsuit shall be borne by the defendant.
Reasons
Punishment of the crime
1. On August 18, 2017, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), while drinking alcohol in front of the C restaurant in Ansan-si, a member D, and driving an EM3 vehicle owned by the EM3 vehicle in his/her workplace, the Defendant: (a) went away from the driver’s seat while he/she deemed a policeman G with the police box of the Ansan-gu, a police box of the police station of the Ansan-gu, who called out after receiving a report 112; and (b) driven under the influence of alcohol, such as drinking while driving alcohol in front of the C restaurant in Ansan-si, a member D; and (c) driving the vehicle under the influence of alcohol, such as drinking drinking, by hanging the vehicle from G, which was driven up to about 400 meters away from the driver’s seat; and (d) driving the vehicle under the influence of alcohol
If there is a reasonable reason to determine a person, he/she is required to comply with a drinking test by inserting the pulmonary measuring instrument into the pulmonary measuring instrument, but he/she refused it without justifiable grounds.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the EM3 car without a driver’s license at the date and place specified in paragraph 1.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness G and I;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. 112 Case disposition table;
1. Reasons for conviction of each photograph;
1. The defendant and his defense counsel asserted that the defendant, not the defendant, driven the above vehicle, and the defendant was a fine unpaid at the time, and the police mispercing that he was guilty and fledd.
In violation of the provisions of Article 44 (1) of the Road Traffic Act, a driver of a motor vehicle, etc. under the influence of alcohol.
"A person who is required to comply with a police officer's request for alcohol testing on the ground that there are reasonable grounds to determine a person shall be the driver of the relevant motor vehicle, and if the person is not a driver of the relevant motor vehicle, he/she shall be in violation of the provisions of Article 44 (1) of
There is no room to see that it does not constitute a case where a person fails to comply with the measurement of drinking under paragraph (2) of the same Article (Supreme Court Decision September 8, 2011).