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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2016 Highest 3391]
1. On October 6, 2009, the Defendant received a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court, and on June 21, 2012, the Defendant was a person who received a summary order of KRW 5 million from the Seoul Southern District Court and received a summary order of KRW 5,00,000 from the Seoul Southern District Court on at least two occasions as a crime of the same offense, and was driving C X-T car under the influence of alcohol concentration of KRW 0.249% in blood, around June 19, 2016.
[2016 Highest 5993]
2. On August 14, 2016, the Defendant: (a) driven a EXE car without obtaining a driver’s license on a section of approximately 400 meters from the front of the e-mail terminal located in Leecheon-si, Leecheon-si to the front of the same city road; (b) around 06:25, the Defendant used the EXE car without obtaining a driver’s license.
3. Violation of the Traffic Act (Refusal of measurement of drinking), the Defendant, while driving the said vehicle on the front of E on the road in front of Ethcheon-si at the same time as paragraph (2), was under the influence of alcohol by driving the vehicle under the influence of alcohol, such as making a red light on the Defendant’s face from the border of the Gyeonggi-do Police Station Fline of the Gyeonggi-do Police Station, etc. and smelling it.
If there is a reasonable reason to determine the person, the person has escaped without complying with the demand for stopping.
피고 인은 위 G 등이 피고인 운전의 승용차를 쫓아오자 약 300m를 도주한 다음 같은 날 06:27 경 같은 시 D 앞 도로에 정차하여 그때부터 같은 날 06:57 경까지 위 G 등으로부터 약 4회에 걸쳐 음주측정기에 입김을 불어넣은 방법으로 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입김을 불어넣은 시늉만 하고 음주 측정이 되지 않게 하여 경찰공무원의 음주 측정에 응하지 아니하였다.
Summary of Evidence
[2016 Highest 3391]
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. A previous conviction: A copy of a reply to inquiry, such as criminal history, and a copy of each summary order [2016 order 593].