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(영문) 춘천지방법원 영월지원 2019.01.29 2018고단427
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2018, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving) in the Youngcheon District Court’s Young-gu branch on January 9, 2018, and completed the execution of the sentence in the Chuncheon Prison on July 8, 2018.

【Criminal Facts】

1. On September 10, 2018, the Defendant driving a MF5 vehicle without obtaining a driver’s license in approximately 300 meters section from the front of the ‘C' parking lot located in Thai City B to the front of the ‘E pharmacy located in D' in the same city from the front of the ‘E pharmacy' parking lot to the road.

2. On September 10, 2018, the Defendant: (a) parked the said SM5 vehicle driven in front of the Taecheon Station in Taecheon-si, Taecheon-si; (b) tried to move a taxi; (c) reported a taxi driver and Si 112 on the taxi due to the problem of taxi expenses; and (d) there were reasonable grounds to recognize that the Defendant driven under the influence of alcohol by drinking, such as smelling, smelling, and clibing, humping, etc., from 23:54 to 0:12 on September 11, 2018, the Defendant was demanded to comply with the alcohol measurement for about four occasions from around 23:54 of the same day, to around 4:12, 2018.

Nevertheless, the Defendant, who did not comply with the drinking alcohol measurement, did not comply with the request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of operation without a license;

1. A report on internal investigation:

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, investigation reports (Attachment to the same type of judgment), ten copies of judgment, application of Acts and subordinate statutes to the personal confinement status;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 of the same Act, which apply to the punishment for a crime;

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