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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. The Defendant is a person who is engaged in driving a vehicle in C Sti-type under the Road Traffic Act (unlicensed Operation) and the Road Traffic Act.
On August 30, 2012, the Defendant driven the said car without a driver's license on August 18:30, 2012, and proceeded about 2 meters in the speed of the road in front of a public parking lot located in the territory of the local-Eup, the local-Eup at the time of harmony. The Defendant had a duty of care to prevent accidents in advance by accurately operating the steering area and the right and the right and the right and the right and the right of the driver, and operating the steering system in a safe manner.
Nevertheless, the Defendant neglected this and caused the damage to KRW 668,80 of the repair cost by taking the back part of the ENAS car, which was owned by the victim D, who was parked in the front bank due to negligence, and was damaged by the Defendant’s driving.
2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to comply with a drinking test by inserting approximately 30 minutes of alcohol into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, smelling from the slope G affiliated with the Facstation G of the Faccompon Police Station, while driving a motor vehicle in the above Sacon state while drinking at the above time and at the above place.
그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident actual condition survey report and a traffic accident occurrence report;
1. A report on detection of a drinking driver, a circumstantial report on a drinking driver, and a ledger of users of a drinking-free measuring instrument;
1. Registers of driver's licenses;
1. Written estimate;
1. Application of field photographs, rejection of measurement, and Acts and subordinate statutes;
1. Relevant Article of the Act and the Road Traffic Act concerning the crime;