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(영문) 대전지방법원 천안지원 2017.12.21 2017고단2492

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 06:40 on August 22, 2017, the Defendant violated the Road Traffic Act (e.g., refusal to measure drinking), driving a Dopote car, and was investigated by the G police box located in Asan City, where he was arrested as a flagrant offender and was arrested to the police officer on the center line of the front road at Asan City, and received a report of escape, and was arrested as a flagrant offender and was under investigation at the G police box located in Asan City.

At the time, the Defendant driven a vehicle while under the influence of alcohol, such as rhythm, walking with a secret and booming with snow.

Inasmuch as there are reasonable grounds to set a seal, it was demanded to respond to the measurement of alcohol in such a way as to put the breath of a drinking measuring instrument over three times in total between around 07:40 on the same day, around 07:50 on the same day, and around 08:00, around 30 minutes on the same day from H of the police box of the Asan Police Station.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, and did not comply with the above request without justifiable grounds by avoiding it.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving a motor vehicle at approximately 7-8 km section D 40 km away from each other to the front road of the cafeteria-si, Asan-si, 16-1, in the direction of the cafeteria-si, the trade name of which is located in the two west-gu, Seo-gu, Seo-gu, Seocheon-si without obtaining the driver’s license for the motor vehicle as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident, reporting on the occurrence of a traffic accident, and photographs;

1. Report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions and Articles 148-2(1)2 and 44(2) of the Road Traffic Act concerning facts constituting an offense, Articles 152 subparag. 1 and 43 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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. An order to attend a course;