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(영문) 대전지방법원 천안지원 2018.06.07 2018고단571

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 February 4, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driving a BM5-car with drinking alcohol around 03:06 around February 4, 2018, and was parked in the same parking lot in front of the 1842 Sung-young apartment 109 Dong, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

CM3 Motor Vehicle's front part was shocked by the following part for the above SM5 passenger car.

The defendant has driven a motor vehicle in a drunken state, such as shocking the motor vehicle and locked it at the driver's seat, smelling the motor vehicle from the defendant and snicking it on the face.

Recognizing that there is a reasonable reason to designate a person, the police box sent out after receiving a report was requested by the Speaker E to respond to the measurement of drinking by inserting approximately 20 minutes of drinking, in such a way as to put about approximately 20 minutes of drinking.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, explicitly expresses his/her intention to refuse to take a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driving of the vehicle BM5 without obtaining a driver’s license within approximately 200 meters from the 1842 Seongbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and the front parking lot from about 1842 to about 100 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. An accident scene photograph;

1. Notification of detection of a drinking driver (Refusal of measurement);

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;