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(영문) 춘천지방법원 2013.07.16 2013고단466
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2001, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 for a crime of violation of the Road Traffic Act at the Chuncheon District Court on June 8, 2001, and a summary order of KRW 2.5 million for the same crime at the same court on January 21, 201.

1. On May 27, 2013, the Defendant: (a) around 01:03 on May 27, 2013, the Defendant: (b) driven a e-learning car under the influence of alcohol from the front of the Defendant’s house located in Yang-gu, Yangwon-gun B to the D cafeteria located in Yang-gu, Yangwon-gun C; (c) while driving the e-learning car in the said place, the victim F kept the car on a car in G Coindo, leaving the car in the said place, leaving the car, leaving the car, leaving the car, and then leaving the car, and then, (d) after leaving the car on two occasions, damage the above C Coin, which is the victim’s ownership, to have approximately KRW 386,980 of the repair cost.

2. On May 27, 2013, at around 03:04, the Defendant: (a) searched a large unit of vehicles at the Defendant’s house located in Gyeyang-gun B after receiving a report from the victim under paragraph (1) on May 27, 2013; and (b) did not comply with the police officer’s demand for a alcohol test by refusing to take a alcohol test without justifiable grounds, on the grounds that the Defendant was deemed to have driven under the influence of alcohol, such as drinking and smelling on the face; (c) was required to take a alcohol test on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking and snicking on the face; (d) on the other hand, the Defendant refused to take a alcohol test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. The police seizure record and the list of seizure;

1. Each investigation report (the fact of damage caused by damage, refusal to take a drinking, data on the act of causing damage, listening to the statement of a witness I telephone, recording and reporting on the recording);

1. The written estimate Acts and subordinate statutes;

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