beta
(영문) 광주지방법원 순천지원 2017.11.24 2017고단1518

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 17, 2017, the Defendant, at around 01:17, driven a Korean car without the driver’s license at a section of approximately 1 km from the parking lot of the old Gun Police Station located in the same Gun from the front day of his house located in the Republic of Korea, G Scki in the same Gun, H Scki, H shooting distance, Dong light shooting distance, and I police box to the parking lot of the old Gun Police Station located in the same Gun.

Accordingly, the Defendant driven a motor vehicle without a driver's license.

2. Violation of the Road Traffic Act (refluence of drinking), while driving a vehicle as above at the time specified in paragraph (1) and stopping the vehicle into the parking lot of the old police station, the Defendant driven the vehicle under the influence of alcohol by the defendant, such as crossing and snowing the vehicle, tamping, making a redlight on the face, from the slope J of the old police station called up to the police station.

There are reasonable grounds to determine a seal, and from around 01:35 to around 01:56 on the same day, it was demanded to respond to the measurement of drinking alcohol by inserting the whole influence of a drinking measuring instrument four times.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for drinking alcohol measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against L/M;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The ledger using the measuring instruments for drinking;

1. The driver's license ledger;

1. Each photograph;

1. Application of CCTV video CDs, CCTV backups in the police station, to the Acts and subordinate statutes;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Act on the observation of protection, community service and order to attend lectures, the main sentence of Article 62-2(1), the main sentence of Article 62-2(2), and the observation of protection, etc.;