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(영문) 서울동부지방법원 2018.07.20 2017고단4328

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 September 23, 2017, the Defendant, without obtaining a driver’s license, driven a CNp-si car from around 15 meters to around the 12-lane 12-8th day of the tez hotel hotel in Songpa-gu Seoul Olympic Games, from around 03:00 on September 23, 2017.

2. On the day specified in the preceding paragraph, the Defendant driven a motor vehicle under the influence of alcohol by the Defendant, such as drinking alcohol to the Defendant from the situation in which he belongs to the D District Unit of the Song-gu Police Station, dispatched after receiving a 112 report after driving the motor vehicle under the influence of alcohol from the 102-to the sloak sloak-gu Seoul Olympic Winter, to the teth of the telost hotel located in the 12-8 12-h of the same Olympic Games, to the teth of the same Olympic Games.

Although there are reasonable grounds to determine a person, from around 03:20 on the same day, the defendant was requested to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times in total, but the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Report on the circumstances of driving without a license, report on the situation of the driver with a driver with a driver with a driving license, the details of enforcement, the ledger of driver's licenses, and the inspection of the vehicle;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Sentencing Article 62-2 of the Criminal Act.