Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2013No. 335] On July 1, 2013, the Defendant driven a Cbee or a car under the influence of alcohol level of 0.225% without a vehicle driver’s license in a section where the distance cannot be known from a place where it is impossible to identify the place within 07:55 on July 1, 2013 to the front road of Seosan-si, Seosan-do.
[2013No. 412] On September 2, 2013, the Defendant, at around 17:38, 2013, driven a cbe or car while drinking without a car driver’s license, on the 44m section, from the front day of the “Yano-ro, Yan-gu, Hanpo-ro, Hanpo-ro, Hanpo-ro, Hanpo-ro, Hanpo-ro, Seopo-ro, Seopo-gu, Seopo-ro, Seopo-ro, Seopo-ro, 17:40 on the same day.
In relation to this, the Defendant was demanded from around 17:52 on September 2, 2013 to around 18:14, 2013 to respond to the alcohol testing at the D District Office of the M District Police Station for about 30 minutes, at intervals of 10 minutes from E from the situation in which the said District is affiliated, to put in the drinking measuring instruments three times at intervals of 10 minutes.
At the time, there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling, inabrupting, face, red and breathing, etc.
Nevertheless, the defendant avoid this, and did not comply with a police officer's request for a drinking test without any justifiable reason.
Summary of Evidence
[2013 Highest 335]
1. Statement by the defendant in court;
1. Statement made by the police officer on F;
1. Each entry in the investigation report (detailed statement), the report on detection of drivers, and the register of driver's licenses;
1. Statement by the defendant in court;
1. Application of each of the Acts and subordinate statutes, such as enforcement manual, record on the circumstantial statement of a driver, record on the driver’s license, record on refusal to measure, investigation report (in pages 21 of the Investigation Record), record on the register of
1. Relevant provisions of Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of sound driving).