beta
(영문) 서울중앙지방법원 2017.06.20 2017고단1242

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 6, 2017, the Defendant was driving a CMW car on the road in order to drive it on the road in Gangnam-gu Seoul, and was parked on the front of Gangnam-gu, Seoul, while driving it on the road at around 08:27, 2017.

In addition, even though a person was requested to take a drinking test by inserting the alcohol measuring instrument on the same day from F. of the Seoul Gangnam Police Station E (a police box of the Seoul Gangnam Police Station) who was dispatched after receiving 112 a report on 112, and was requested to take a drinking test on three occasions on the same day, such person was refused to take a drinking test on around 08:38 of the same day and around 08:43 of the same day, but did not comply with the drinking test by a police officer without justifiable grounds.

2. On January 6, 2017, at around 07:07, the Defendant driven the said car without obtaining a driver’s license from a section of about 500 meters from the front of the didin main road located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to D before the front road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (to hear statements from the F Security Officer of the Control Police Officer);

1. The driver's license ledger;

1. A photograph of the exposed site (4) and a photograph refusing to measure drinking (2) of the Acts and subordinate statutes;

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. It is so decided as per Disposition on the grounds of not less than Article 53 and Article 55(1)3 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) of the Criminal Act.