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(영문) 광주지방법원 2012.11.22 2012고합1085
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

On November 23, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on September 11, 2009, and sentenced to a fine of 3 million won for a violation of the Road Traffic Act at the Gwangju District Court on June 29, 201, and notified each of a summary order of 3.5 million won for a violation of the Road Traffic Act at the Gwangju District Court on June 29, 201. On July 28, 2011, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) at the Gwangju District Court on June 5, 201, and the said judgment became final and conclusive on November 29, 201 as of July 21, 2017.

1. On October 3, 2012, the Defendant violated the Road Traffic Act (refluence of measurement) and the Road Traffic Act (unlicensed driving) by driving a vehicle for cPoter freight without obtaining a driver’s license at around 21:20 on October 3, 2012, driving the vehicle in front of the cpool-gun of the Yyangyang-gun at the source distance, resulting in a traffic accident under which the F Belgium was parked at that place.

Accordingly, after receiving the report from G during the process of the police box belonging to the E police box, there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as smelling and smelling questions, walking off and walking off pedestrian taxes, etc., and demanding the defendant to respond to the measurement of alcohol four times from October 3, 2012 to October 22:47, 2012.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법 등으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였고, 자동차를 무면허운전하였다.

2. On October 6, 2012, the Defendant violates the Road Traffic Act and the Road Traffic Act (driving without a license). The blood alcohol concentration is0.

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