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(영문) 서울중앙지방법원 2018.02.21 2017고단7949

도로교통법위반(음주측정거부)등

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

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

Reasons

Punishment of the crime

1. On August 8, 2017, the Defendant was under the influence of alcohol, such as smelling alcohol to the Defendant, smelling on the front of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, while driving a lurbn vehicle with D’s lurb while drinking on the front of Seocho-gu Seoul Metropolitan Government, and she was under the influence of alcohol, from E in the circumstances where the Seoul Seocho-gu Police Station belongs to the Seocho-gu Seoul Western Police Station, while driving the lurbing vehicle with D

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.

Nevertheless, the Defendant only speaks that “the fact of driving alcohol is recognized,” and avoided it by means of repeated rejection of a request for measurement, and did not comply with a request for measurement of drinking alcohol by a police officer without justifiable grounds.

2. On the day specified in paragraph 1, the Defendant driving a D-Wn-Wn-Wn-Wn-Wing-Wing-Wing-Wing-Wing-Wing-C-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing-Wing Vehicle without obtaining a driver’s license from around

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. A investigation report (No. 1 once a year), and a department related to the report of 112 cases (No. 6 times a year);

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

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. The choice of each sentence of imprisonment with prison labor (the defendant, who had been punished four times or more for drinking, drives without a license under the influence of alcohol again despite being punished for driving under the influence of alcohol, the defendant had a record of being sentenced to suspended sentence, during the previous conviction, and seems to have been under the influence of drinking even at the time of the instant case, by refusing a police officer's request for measurement of drinking alcohol without justifiable grounds.