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(영문) 인천지방법원 2013.05.30 2013고단1276
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 22, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) on June 22, 2010, a fine of two million won for the same crime on June 25, 2010, and a fine of two million won for the same crime on March 28, 2011, three times, and the Defendant was sentenced to a fine of two million won for the same crime on March 28, 201, and on June 27, 2012, the Defendant was sentenced to a suspended sentence of six months for imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court's Vice Branch Branch of the Incheon District Court on June 27, 2012 and was sentenced to a suspended sentence on July 5, 2012, and was in total for the period of the suspended sentence, including this, four times.

1. On March 5, 2013, around 06:54, the Defendant violated the Road Traffic Act (refluence of the measurement of the drinking level) and was under the influence of alcohol while driving the BMW car on the front of the 47-3 large-scale high school, Seo-gu, Incheon, Seo-gu, Incheon, while drinking on the road. Accordingly, the Defendant was demanded to comply with the measurement of the drinking level by making it difficult to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, and photographing, from the slope G belonging to the F Zone Unit of the Seo-gu Police Station, the Defendant from the slope G belonging to the Seo-gu Police Station.

Nevertheless, it is difficult for the suspect to be punished for high punishment when he/she was aware during the period of suspension of driving without a license during the period of suspension of driving without a license, so he/she did not comply with the request for measurement of drinking without justifiable grounds.

2. On March 5, 2013, at around 06:54, the Defendant, without a car driver’s license, driven the BMW car from a section of about 300 meters from the Incheon Oil Station located in Seo-gu Incheon, Seo-gu to the major high school located in the same Dong from the Incheon Oil Station to the front road of the high school located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, a statement in the circumstances of a host driver, and a photograph of refusal of measurement;

1. Registers of licenses, and the register of driver's licenses;

1. Previouss: A written inquiry report including criminal records, a criminal investigation report, the same criminal suspect's previous records, and related judgments;

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