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(영문) 제주지방법원 2017.09.22 2017고단1392
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 6, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a BSP car without obtaining a driver’s license from the road near Seopo-dong, Seopo-si, Seopo-si, Seopo-si, Seopo-si, to the road near the Seopo-si, Seopo-si, Seopo-si, Seopo-si.

2. On February 6, 2017, the Defendant violated the Traffic Act (Refusal of measurement of drinking), in the vicinity of the wind stop park around February 22:5, 2017, the Defendant was inspected for a drinking-free vehicle while driving a sprink while drinking alcohol in a state of drinking, so the Defendant’s response to drinking is confirmed, sprinking, and the Defendant driven a motor vehicle under the influence of drinking, with a red light that the Defendant’s walking condition is long-distance and has a large blood color.

A police officer C, etc. belonging to the Western Police Station, who was under the control of drinking at all times, was required to take a breath test of alcohol at least three times.

Nevertheless, the Defendant refused to take a pulmonary measuring instrument to measure alcohol and to measure blood.

The police officer's demand for blood again does not receive blood again.

The rejection was made.

As a result, the defendant refused a police officer's demand for a drinking test without justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving a drinking, inquiry about the results of crackdown on drinking driving, and written consent to blood collection;

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 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, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason why the crime of this case was discovered with the observation of protection, the reason why the community service order Article 62-2 of the Criminal Act was sentenced, and the defendant.

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