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(영문) 서울북부지방법원 2018.03.29 2018고단261

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 9, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D D D D D D D D D D D's and C's vehicle on the front side of the Seoul Southern-gu Seoul Southern-gu, without obtaining a driver's license around 00:53 on December 9, 2017.

2. On December 9, 2017, while driving a cargo vehicle as provided for in paragraph (1), the Defendant was under the influence of alcohol by a vehicle driven by the Defendant in front of the Seoul Southern-gu Seoul Southern-gu on December 9, 2017, on the ground that the vehicle driven by the Defendant is suspected of being a drunk driver, with the report 112, and called the vehicle driven by the Defendant at around 01:15, the Defendant was under the influence of alcohol from the Seoul Gangnam-gu Police Station’s life safety, and the policeman F, etc. affiliated with the E police box, etc., of the Defendant

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting three times in a so-called drinking measuring instrument three times between about 15 minutes.

Nevertheless, the Defendant did not comply with the demand of a police officer for the measurement of drinking without a justifiable reason by avoiding it by means of debrising or spiting it in a manner that does not debris.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. An explanatory note;

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

1. Relevant legal provisions, Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the choice of imprisonment with labor for a crime;

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, on January 19, 190, failed to obtain the license after the revocation of a driver’s license on January 19, 1990, for the reason of sentencing under Articles 53 and 55(1)3 of the mitigated Criminal Act.

From 202 to 2016, the Defendant was sentenced to a fine of 5 times from 2002 to 2016, on eight occasions, and five times, and was sentenced to a suspended sentence of imprisonment.

During the period of probation, the order to attend lectures, community service orders, and the surveillance of protection were imposed concurrently.

Nevertheless, the Defendant is again the case.