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(영문) 광주지방법원 2013.04.18 2012고정2796
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment with prison labor for the crimes of 2012 fixed-term 2796 in 4,00,000 won and 2012 fixed-term 6937.

Reasons

Punishment of the crime

[2012 High Court Decision 2796] On November 17, 2011, the Defendant was sentenced to two years of suspension of the execution on April 25, 201 to imprisonment with prison labor for the violation of the Road Traffic Act (driving) at the Gwangju District Court on November 17, 201.

On November 28, 2010, at around 16:40, the Defendant was required to comply with the drinking test by inserting the drinking measuring instrument between approximately 39 minutes, in a manner of making it possible for the Defendant to be deemed to have driven under the influence of alcohol, such as drinking and smelling on the face, from the light police box of the Yeongdeungpo-gu Police Station: (a) from the light police box of the Yeongdeungpo-gu Police Station, which was called after being driven a locked a lock fluent road in front of the locked salt flusium, under the influence of drinking.

Nevertheless, the Defendant, while drinking alcohol, did not drive it but did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

[2012 Highest 6937] On November 23, 2012, the Defendant, while under the influence of alcohol by 0.211% without a vehicle driver’s license on November 23, 2012, driven Cone Star Corscis not mandatory insurance in the section of about five kilometers from the front of the Hansung-gun-gun Hansung Village, Jeonnam-gun, Chungcheongnam-gun, Daejeon-gun, Daejeon-gun, Daejeon-do, to the front day of the Daejeon Sejong-do.

Summary of Evidence

[2012 High Court Decision 2796]

1. Defendant's legal statement;

1. A statement of the preparation of the F;

1. Report on detection of a host driver;

1. Division: One copy (A) of inquiry report on criminal records, etc., inquiry report on criminal records, etc., inquiry report on criminal case, judgment, and summary order;

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Article 148-2 Subparag. 2, Article 44(2) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 148-2(2)1, and Article 44 of the Road Traffic Act concerning the crime.

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