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(영문) 대전지방법원 2018.03.16 2017고단4564

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 22, 2017, the Defendant was sentenced to imprisonment with labor for a violation of road traffic law (drinking driving) by the Daejeon District Court on November 22, 2017 and is continuing the appellate trial.

On October 22, 2017, the Defendant, without a driver's license of around 18:20 on October 22, 2017, driven a B e-car while drinking in approximately 100 meters from the front of the Defendant's house center to the front of the Defendant's house.

12 The statement that “the defendant driven the vehicle at the vehicle at bar” by the person who was reported and sent to the police box F. F. S. F. S. F. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. S. S. S.S. S.S. T.S. S. S.S. S. S. S. S.S. W.S. S

The defendant demanded the measurement of drinking alcohol because there are considerable reasons to determine the person.

However, the Defendant, from 19:10 to 19:36 on the same day, avoided the measurement of drinking by means of saving alcohol measuring instruments, despite receiving a request from the above M to respond to the measurement of drinking alcohol by inserting the whole in four times.

As a result, the defendant driving a motor vehicle without a driver's license, and did not comply with a police officer's demand for drinking without justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports and investigation reports (main driver's report on the circumstances);

1. Photographs concerning refusal to measure drinking;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving, Selection of Imprisonment), Article 148-2 (1) 2, and Article 44 (2) (the occupation of refusing to measure drinking and the choice of imprisonment) of the relevant Act on criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with punishment prescribed by the Road Traffic Act with heavy punishment) is more favorable to the grounds for sentencing: the defendant.