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(영문) 광주지방법원 목포지원 2015.07.03 2015고단625
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 13, 2012, the defendant was sentenced to six months by the Gwangju High Court of Gwangju for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the execution of the sentence was completed on May 28, 2013. On April 9, 2015, the defendant was sentenced to a fine of KRW 10 million for the violation of the Road Traffic Act in the Gwangju District Court's Support for Mapopoon on April 9, 2015.

1. Around 00:30 on April 30, 2015, the Defendant operated a Daschton car without obtaining a driver’s license in the section of about 1 km from the front of the “Cheongdae cafeteria cafeteria” road located in the center of Young-gun, Young-gun, Young-gun, Youngnam, Young-gun, Youngnam, to the front of the road located in the Young amban elementary school.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) has considerable grounds to recognize that the Defendant was driving under the influence of alcohol on the roads prior to the Heam elementary school above the date and time set forth in paragraph (1) of this Article, such as that the Defendant snicking, smelling, snicking on face, and drinking alcohol to a police officer, etc., and accordingly, the Defendant was demanded to comply with a drinking test by inserting three minutes in a drinking measuring instrument for about 20 minutes from the J of the military patrol box of the Youngamam Police Station belonging to the police station, but the Defendant did not comply with a request for a drinking test by a police officer without justifiable grounds, on the same ground that it will be detained if it is controlled by drinking driving at once.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Investigative Report (as to refusal to measure a sound content):

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same attached records), judgment, application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning criminal facts, the choice of punishment, shall be made without licenses;

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