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(영문) 대구지방법원 의성지원 2013.12.05 2013고단181
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

[2013 Highest 181]

1. On July 5, 2013, at around 03:15, the Defendant driven B1 ton cargo vehicles without obtaining a driver’s license at a 15-meter section of the road front of a Doriwon bus terminal located in the Doriwon-gun, Griwon-gun, Griwon-gun, Griwon-gun, Doriwon-gun, Doriwon-gun.

2. Violation of the Road Traffic Act (refluence to take a noise level) provided that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking and inaccurateness, while driving the above cargo at the above time and at the above place, the Defendant voluntarily carried the vehicle to a police box, along with the slope D belonging to the Sungdong Police Station.

Even though the Defendant was required to comply with the drinking test by inserting the whole in a drinking measuring instrument from the above D in a police box from 03:30 to 03:50 on the same day, he did not comply with the demand of police officers for the drinking test.

[2013 Height221]

3. On August 30, 2013, around 22:00, the Defendant: (a) discovered out the 70th degree of 1st ton freight truck owned by the victim G in front of the F warehouse located in Seongbuk-gun, Seongbuk-gun; and (b) took advantage of the gaps in which the victim’s surveillance was neglected; and (c) stolen the 70th degree of 1st ton freight truck owned by the Defendant and loaded the said 490,000 level of 4,000 won at the market price.

4. The Defendant violated the Road Traffic Act (unlicensed driving) at the time and place specified in paragraph (3) and operated the said one ton cargo vehicle without obtaining a driver’s license in about 4 km section from the Defendant’s office in H.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Investigation report (with respect to driving and refusal of measurement of alcohol);

1. Application of Acts and subordinate statutes to the register of driver's licenses, reports on detection of drivers, circumstantial statements of drivers, and driving licenses;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 of the Road Traffic Act, which provides applicable legal provisions and the choice of punishment for a crime;

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