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(영문) 인천지방법원 2014.05.12 2014고단1783
도로교통법위반(음주측정거부)등
Text

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

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 February 19, 2013, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on February 19, 2013, and the same court on September 28, 2012 is sentenced to a fine of 3 million won for a violation of the Road Traffic Act (driving).

1. On February 21, 2014, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (i.e., the Defendant driven a B E-P car and proceeded with a road near Yeonsu-gu Incheon Metropolitan City C while driving the B-P car at around 00:08, and (ii) was requested to temporarily suspend the alcohol measurement by E, a police officer of the Incheon Southern-dong Police Station D police station, even though

The Defendant: (a) the instant E et al. al. used a traffic patrol vehicle, followed the patrol vehicle by violating signal, driving the central line, etc.; and (b) driven the said marina vehicle to the vicinity of the office located in Yeonsu-gu Incheon Metropolitan City.

On February 21, 2014, at around 00:33, the Defendant: (a) was asked to take a alcohol test for about 30 minutes from the above E three occasions on the ground that there are reasonable grounds to recognize that he/she had been engaged in drinking, such as being fluened in his/her face before his/her house, and smelling in his/her house; and (b) was not complied with without justifiable grounds.

2. On February 21, 2014, the Defendant driving a Maz Vehicle between the 634-1 and the 634-1-dong, Namdong-gu, Incheon, without a motor vehicle driver’s license, at approximately 4 kilometers from the 634-1-dong, Yeonsu-gu, Incheon to the roads near Incheon Metropolitan City C.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act, reporting on the circumstances of the driving of a vehicle, reporting on the circumstantial statements of a driver of the vehicle driving, and photographs refusing to measure;

1. Registers of driver's licenses and report on the situation of driving without licenses;

1. Responses to criminal records, etc., and application of Acts and subordinate statutes to criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) and (2), Article 44 (2) of the Road Traffic Act (a point of refusal of the measurement of alcoholic beverages), and subparagraph 1 of Article 152 of the Road Traffic Act concerning facts constituting an offense;

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