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(영문) 광주지방법원 2017.08.10 2017고단1848

도로교통법위반(음주측정거부)등

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The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling alcohol to the Defendant, while driving a motor vehicle at an access road to a literacy bridge located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

Due to reasonable grounds, there was a demand to respond to the measurement of drinking by inserting four times or more between approximately 20 minutes in a so-called drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. On April 24, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Do-high-speed car from the parking lot of the 2nd Dong office in the North-gu, Chungcheongnam-gu, Gwangju to the access road of the same Do-dong Do-dong Do without a driver’s license on April 24, 2017.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant did not purchase mandatory insurance at the time and place specified in paragraph 2, but operated the above low-priced car.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs refusing to measure drinking;

1. Electronic data, such as carving, etc.;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report internal death (driving without a license or refusal to measure drinking);

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of non-licenseed driving), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, and each decision of imprisonment with prison labor;

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. Article 53 of the Criminal Act for mitigation of amount;