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(영문) 대전지방법원 논산지원 2018.06.08 2018고단113

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On December 30, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DK7 vehicle without obtaining a driver’s license from around 7 km section from the front of the restaurant to the front road located in C in the Cheongyang-gun, Cheongyang-gun, Nam-gun, Namyang-gun, both of which are located in the southyang-gun, Cheongyang-gun.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven the said vehicle under the influence of alcohol on the front of a road set up at C in front of the 20:40 on December 30, 2017, when she was under the influence of alcohol on the road set up the said vehicle at the same time, and was dispatched to the site after receiving a report on a drinking driver’s suspicion, and was under the influence of alcohol by the Defendant from the slopeF belonging to the police box of the police station where he was granted the vehicle under the influence of alcohol. The Defendant was under the influence of alcohol, such as a string distance, which is inaccurate,

Even if there are reasonable grounds to determine a person, the police officer's request for the measurement of drinking without a justifiable reason was made to comply with a police officer's request for the measurement of drinking by inserting three times in the emergency room of the Ganyang University Hospital, located in 200 in the limit of the Sinyang University Hospital granted from 22:09 to 22:27 of the same day, the police officer's refusal to comply with a request for the measurement of drinking without a justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, the statement report on the situation of the driver driving, the ledger of the user of the measuring instrument for drinking alcohol, inquiry of the results of crackdown on the driving of alcohol, the circumstantial report on driving without a license, the ledger of driver's licenses, and the application

1. Relevant provisions of 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 (Unlicensed Driving) of the Road Traffic Act, 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 reasons for sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity are as follows: (a) once a fine is imposed due to driving under influence of alcohol in around 2009; (b) once a suspended sentence is imposed due to drinking or non-licensed driving in around 2010; and (c) one time a non-licensed driving due to a traffic accident.