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(영문) 춘천지방법원 2017.12.12 2017고단1069

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 4, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), the Defendant: (a) was requested to take a drinking test on three occasions at around 19:52, around 19:52, on the apartment road in front of an apartment apartment of a public official of Chuncheon, a public official of the Republic of Korea, to drive a motor engine B, without a motor device bicycle license; (b) was shocked by C; and (c) was dispatched after receiving a 112 report, the Defendant was requested to take a drinking test on three occasions at around 20:10 on the same day, around 20:15, around 20:20, around 20:20, and around 20:20, without justifiable grounds.

2. On September 4, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driven B motor bicycle without a motor device license, in the area approximately seven-eight-eight meters away from the apartment road of Chuncheon public officials in front of the apartment of Chuncheon public officials in around 361 at around 19:52, Chuncheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Photographs;

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

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (the fact of refusing to measure drinking, the choice of imprisonment), 154 subparagraph 2, and 43 (the fact of driving a bicycle without a license for the motor device, the selection of fines) of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Reduction of volume (limited to imprisonment with prison labor) under Articles 53 and 55 (1) 3 of the Criminal Act (each of the following favorable grounds for sentencing):

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act shall apply only to the suspension of execution (limited to imprisonment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished several times due to drinking or non-licensed driving, suspension of execution, etc., the fact that the defendant committed the instant crime is an unfavorable sentencing factor against the defendant.

On the other hand, the defendant led to the confession of the crime of this case.