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(영문) 춘천지방법원 영월지원 2017.10.24 2017고단323
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a vehicle from around 800 meters to the front road of the Defendant’s office located in D, from around 18:50 to around 80 meters away from the C cafeteria, which is located in D, which is located in D, Youngwon-gun, Gangwon-gun, Gangwon-do, Seoul, without obtaining a driver’s license.

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant, while drinking alcohol at the date, time, and place specified in paragraph (1) and arrived at the house. The Defendant, along with the Defendant, reported 112 that “Abre F f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

There is a reasonable reason to determine the person, which was demanded from around 20:00 on July 16, 2017 to around 20:21, to respond to the measurement of drinking on three occasions.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

3. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a vehicle with soflured motor vehicle from E.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. An explanatory note;

1. 112 Report processing table (attached to 2);

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. On-site photographs;

1. The driver's license ledger;

1. Inquiries about respective mandatory insurance and inquiries about information on non- mandatory insurance policies;

1. Application of Acts and subordinate statutes for inquiry into a partnership of the main office;

1. Article 148-2 of the Road Traffic Act concerning the facts constituting an offense as well as Article 148-2 of the same Act;

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