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(영문) 광주지방법원 해남지원 2013.10.02 2013고단152
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 of the final judgment.

Reasons

Punishment of the crime

On November 20, 2012, the Defendant was issued a summary order of a fine of KRW 4 million in violation of the Road Traffic Act at the Gwangju District Court's Maritime Branch on November 20, 2012, and the same power is more than four times.

1. Around 08:30 on June 8, 2013, the Defendant, without a vehicle driver’s license, driven a Dunstst car within approximately 2km from the front day of the Defendant’s house located in west-gun C to the front day of the Ethren Pren Fren Frencck, located in the Gun of the same Eup/Myeon.

2. On June 8, 2013, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) (refluence of drinking level) on the following grounds: (a) around 09:07, the Defendant: (b) at the Dondo Police Station E box located in the Dondo Police Station in the Dondonnam-gun, the Defendant was involved in a traffic accident while driving the said string car; (c) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a serious smelling in the Defendant’s entrance; and (d) he was able to have driven the said string in the face; and (c) on the face, he did not comply with a police officer’s request for the measurement of drinking level without justifiable grounds even though the Defendant

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the owner driver (A) and the report on detection of the owner driver (A);

1. Registers of driver's licenses;

1. Photographs refusing to measure drinking;

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, and copies of summary order three copies of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, and Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure such facts, the choice of imprisonment) of the choice of punishment;

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

1. The defendant under Article 62(1) of the Criminal Act reflects his own fault in depth, the defendant has no criminal record of imprisonment without prison labor or heavier, and the record of this case.

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