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(영문) 춘천지방법원 속초지원 2018.08.13 2017고단534

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

The Defendant, on September 26, 2017, 2017, 22:40 on September 26, 2017, 2017, 112 reported that a traffic accident occurred in front of D'D' located in Yangyang-gun C, which was called at the site, driven a Gpoter II truck under the influence of alcohol, such as: (a) the position F, etc. in the position of the Seocho Police Station E division, in which he was called at the site; (b) the flow of alcohol, and (c) the flow of alcohol, so far as it is so big that it is difficult to keep the drinking, and (d) the Defendant

There is a reasonable reason to determine a person, and even if requested to comply with the measurement of drinking by inserting the whole in a drinking measuring instrument three times from that time until 23:30, “A person’s 1 meter later erred.”

I see only one thousand oman.

“A police officer did not comply with a police officer’s request for alcohol testing without good cause.”

around 16:55 on April 16, 2018, the Defendant driven a Gpoter II truck without obtaining a driver's license from a distance of about 3 km from the front side of the Cheongsan Village in Yangyang-gun, Gangwon-do to the front side of the convenience store in the same Eup/Myeon.

Summary of Evidence

"2017 Highest 534"

1. Statement by the defendant in court;

1. Statement prepared and made by the police with H;

1. Notification of the results of crackdown on the driving of alcohol and photographs related to refusal to measure the drinking alcohol "2018 Highest 133";

1. Statement by the defendant in court;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is recognized to commit the crime, the defendant has the same power, and the case of refusing to measure drinking.