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(영문) 대전지방법원 논산지원 2018.12.11 2018고단457

도로교통법위반(음주측정거부)등

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A defendant shall be punished by imprisonment for one year.

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. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B rocketing car.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, on August 2, 2018, the Defendant driven the said rocketing car, which was not covered by mandatory insurance, on the DKap, located in C at Seosan-si, 2018.

2. Violation of the Road Traffic Act (Refusal of drinking measurement) The Defendant driven a vehicle under influence of alcohol, such as the date and time set forth in paragraph (1) of this Article, and the distance from a slope E belonging to the Gyeongsan Police Station, who was dispatched to the site after receiving a report of 112 while driving the said rocketing car while drinking alcohol at the same time and at a place set forth in paragraph (1) of this Article;

Although there are reasonable grounds to believe that a police officer was requested to comply with a drinking measurement by inserting the whole in a drinking measuring instrument, he/she refused it and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Report on the state of exploitation;

1. 112 Reporting case handling table;

1. Inquiry into mandatory insurance (B) Application of Acts and subordinate statutes;

1. Article 46 (2) 2, the main sentence of Article 8, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act guaranteeing the compensation for damage caused by the relevant crime;

1. Imprisonment with prison labor for each choice of the punishment (not less than several times before driving alcohol);

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. Article 62 (1) of the Criminal Act (the period of a suspended sentence of imprisonment shall be 17 years for a person who has been sentenced to a suspended sentence of imprisonment and shall not be repeated;

being taken into account the fact in

1. Protection and observation, orders to attend lectures, and orders to prevent recidivism under Article 62-2 of the Criminal Act;