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(영문) 대전지방법원 논산지원 2013.12.10 2013고단432
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Dismissal of prosecution against the violation of the Road Traffic Act among the charges in this case

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2013, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of violation of the Road Traffic Act in the Daejeon District Court's Branch of the Daejeon District Court on February 13, 2013 and the judgment became final and conclusive on February 21, 2013.

【Criminal Facts】

1. On September 19, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving the CEFna-type car without a driver’s license on the road located at the Jinsan-si, Jinsan-si at the Jinsan-si.

2. On September 20, 2013, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting the d district office located in the radius from around 00:3 to 00:53 on the same day, to the D district office located in Seosan-si. The lower part of the dismissal of the prosecution, which was undergoing the investigation of traffic accidents as stipulated in paragraph (1), into the manner of inserting the d district unit belonging to the Seosan Police Station D district E, which was undergoing the investigation of traffic accidents, for three times from the slope E.

At the time, the Defendant did not comply with a police officer’s request for measurement of alcohol without justifiable grounds, inasmuch as there were reasonable grounds to recognize that he was driving under the influence of alcohol, such as making a breath by drinking, breath by drinking, and so that he was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in F and G;

1. Photographs, records on the circumstantial statements of drivers, and the register of driver's licenses, or images; and

1. Criminal records as stated in the judgment: Application of the Acts and subordinate statutes described in the inquiry report, a copy of the judgment, and the case inquiry screen;

1. Relevant legal provisions and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment) concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure sound, and Selection of Imprisonment);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is three times, and the most recent probation is suspended.

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