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(영문) 의정부지방법원 2018.07.27 2017고단5442

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 28, 2017, 2017, the Defendant driven a motor vehicle Ewing-III, while driving a motor vehicle of Ewing-III with drinking on the front side of DM on the roads in Macheon-si, Mancheon-si, Mancheon-si, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, smelling, reding, etc. on the face of the Defendant from the slope G affiliated with F of the Pocheon Police Station.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 25 minutes.

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

On December 9, 2014, the Defendant issued a summary order of KRW 2,50,00 to a fine of KRW 3 million due to a violation of road traffic law (drinking), etc. at the Jung-gu District Court on December 9, 2014, and on December 19, 2014, by the same court on December 19, 2014.

피고인은 2018. 5. 18. 23:46 경 자동차 운전면허를 받지 아니하고 포 천시 신읍 동에 있는 ‘ 꿀꿀이 식당’ 앞 노상에서부터 같은 동에 있는 ‘DJ 드림 타운’ 앞 노상에 이르기까지 약 1km 의 구간에서 혈 중 알콜 농도 0.186% 의 술에 취한 상태로 E 봉고 화물차를 운전하였다.

Summary of Evidence

"2017 Highest 5442"

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Report on the circumstances of driving under the liquor:

1. Investigation report (report on the situation of the driver in charge); and

1. "Inquiry about the results of crackdown on driving drinking, 2018 Godan 1958";

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. Inquiries about the results of crackdown on driving alcohol;

1. An inquiry into the enemy, and an inquiry into the licence;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of power, etc.);

1. Articles 148-2(1)2, 44(2) (a)1, 148-2(1)1, 44(1)1, and 152 subparag. 1, and 152 of the Road Traffic Act concerning facts constituting an offense;