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(영문) 광주지방법원 2017.02.09 2016고단2281
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

"2016 Highest 2281"

1. On April 5, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) by driving a lele light vehicle B around 13:15 on April 13, 2016, while driving a motor vehicle at the same distance intersection in front of a D gas station located in the Southern-gun C, the Defendant locked while driving the motor vehicle while drinking the motor vehicle at the same time.

After that, the Defendant driven under the influence of alcohol, such as smelling and smelling on the face, etc. from a slope E belonging to the police station at which the Defendant discovered the Defendant.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driving of the said B B vehicle without obtaining a driver’s license at the time and place specified in paragraph (1).

"2016 Highest 5576"

3. On November 2, 2016, the Defendant: (a) driven a B string car under the influence of alcohol concentration of about 0.145% without a driver’s license on the part of approximately one kilometer from the front side of the North Korean Port Center located on the northwest-si North Korean route 175-2 of the same city to the front side of the Sejong Hospital located on 795-2 at the same altitude; (b) the Defendant driven a B string car under the influence of alcohol concentration of about 0.145% without a driver’s license.

Summary of Evidence

[2016 Highest 2281]

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of driving at home (2016 highest 5576);

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 subparag. 2 and Article 44 subparag. 2 of the Road Traffic Act (the refusal of measurement of drinking), Article 148-2 subparag. 2 and Article 44(1) of the Road Traffic Act (the point of drinking), Article 148-2 subparag. 2 of the Road Traffic Act (the point of drinking), Article 152 subparag. 1 of the Road Traffic Act concerning criminal facts.

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