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(영문) 대전지방법원 2020.01.10 2019고단4058

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. Around September 23:47, 2019, the Defendant violated the Road Traffic Act (free license) driving of a vehicle from around the World Cup Stak Stak Stak Stak Stak Stak Stak-dong, Daejeon, to around the World Cup Stak-dong, Daejeon, without a motor vehicle driver’s license.

2. On September 4, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level), even though he was requested to respond to the measurement of drinking level on several occasions from E in the situation of the area belonging to the Daejeon Pream Station D District of the Daejeon Pream Station, on the grounds that there exist reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking, smelling, red, and snowing, etc., around September 23:47, 2019, the Defendant did not comply with the measurement of drinking level without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Notification to the department related to 112 Report cases, report on the circumstances of a drinking driver, report on the circumstances of a drinking driver, notification of the results of the drinking control, and inquiry into the results of the fact;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (a point of driving without a license) and the choice of imprisonment with prison labor;

1. Reasons for sentencing among concurrent offenders under the former part of Article 37, Articles 38 (1) 2 and 50 (within the scope of the sum of the long-term punishments of two crimes) of the Criminal Act;

1. The scope of punishment by law: One to six years of imprisonment;

2. Determination of sentence: A person who has been sentenced to imprisonment for a year and two months is divided in depth by the defendant, and a person who supports his wife under anti-morraid treatments is recognized as a clear social relationship.

However, the crime of this case is very heavy in light of the following: a mother and child driving without a license and the seriousness of the danger and harm of a drunk driving and the influence of a drunk driving, the distance of operation, and the circumstances of refusal of a drunk measurement.

In particular, the Defendant.