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(영문) 서울서부지방법원 2018.10.04 2018고단2360

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. The Defendant is a person who is engaged in driving service of a motor vehicle at the DNA time.

On June 23, 2018, at around 05:43, the Defendant driven the said vehicle under the influence of alcohol on the road of one lane in front of Yongsan-gu Seoul Yongsan-do, Yongsan-do, and caused a heavy traffic accident in which Fenz motor vehicles were driven.

Defendant 1 driven a motor vehicle under the influence of alcohol, such as drinking, smelling, snicking, booming on the face of the Defendant from the Seoul Yongsan Police Station G G of the Seoul Yongsan Police Station G and Police Officer I called to the site upon receiving the report that the said traffic accident occurred, and driving the motor vehicle under the influence of alcohol.

There are reasonable grounds to determine a person, and on the same day, the same day was demanded to respond to the measurement of alcohol by inserting approximately three minutes in total, including around 05:53 ,05:58 ,06 :03 , and around 15 :03 .

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만을 하고, 측정을 하지 않겠다고

In a manner of refusal, a police officer did not comply with a request for a measurement of drinking without justifiable grounds.

2. Around June 23, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a DNA-si car without obtaining a driver’s license from the front of Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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 provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, 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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.