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(영문) 광주지방법원 2018.10.11 2018고단3202

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

On July 16, 2018, the Defendant driven a bwing truck under the influence of alcohol in the form of alcohol without a driver’s license at the Gangseo apartment parking lot located in 13 a 21-lane, Nam-gu, Gwangju, Nam-gu, Gwangju, the Defendant driven a motor vehicle while under the influence of alcohol, such as smelling, drinking, drinking, and drinking, at the sab box D from the police box guard of the Southern Police Station of Gwangju, to the face of the police box of Gwangju.

Even if there are reasonable grounds to determine a person, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds, even though he/she was requested to comply with the measurement of drinking by inserting the person into a drinking measuring instrument three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using the measuring instruments for drinking;

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. 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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant committed the instant crime again even if he/she had already been punished four times due to driving of alcohol, refusing to measure alcohol, or driving without a license, and the Defendant was at risk of causing a traffic accident due to his/her drinking, etc.

(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.