beta
(영문) 전주지방법원 2017.05.23 2017고단71

도로교통법위반(음주측정거부)등

Text

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

Reasons

Punishment of the crime

1. On December 18, 2016, the Defendant: (a) driven a G freight vehicle at a section of approximately 200 meters without obtaining a driver’s license from the front of a D cafeteria located in the Jinan-gun, Jinan-gun, Jinan-gun; (b) around 18:50 the same day from the front of the D cafeteria located in the Jinan-gun, Jinan-gun; and (c) around 18:50 the same day, to the F police box located in

2. On December 18, 2016, the Defendant: (a) driven a G cargo vehicle at a distance of about 200 meters from the front of the D cafeteria located in the Jinan-gun C of North Korea on December 18, 2016 to the F police box located in the former Jinan-gun E of North Korea.

Defendant 1: (a) entered the above F police box office, called the police station affiliated with the previous North Korea Police Station that “I cannot drive a vehicle by drinking alcohol; (b) I am snicking to get her to do so; (c) I am smelling to the Defendant from the security guards H; (d) he driven under the influence of alcohol, such as snicking, snicking, snicking, and snicking of walking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant's refusal to comply with a police officer's request for the measurement of drinking without a justifiable reason, which means that "the defendant is living in a natural river, and must not leave the local community."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Photographs refusing to measure drinking;

1. Relevant Article 148-2 (1) 2, Article 44 (2), and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to Acts and subordinate statutes governing the ledger of driver's licenses, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Defendant’s reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment are as follows: (a) twice a fine for driving under drinking or driving without a license in the past; and (b) once a fine is imposed on the Defendant.