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(영문) 광주지방법원 2018.10.18 2018고단2580
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[criminal history] On May 14, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. by the Gwangju District Court, and on September 22, 2016, the Defendant was sentenced to one year of imprisonment for the same crime by the said court, and completed the execution of the sentence by the Gwangju District Court on July 21, 2017.

[2018 Highest 2580 Criminal facts] Notwithstanding the fact that the Defendant had been in violation of Article 44(1) of the Road Traffic Act twice or more, the Defendant driven Csch Rexton car under the influence of alcohol concentration of 0.18% in blood alcohol level on March 6, 2018 while under the influence of Csch Rexton car with approximately 500 meters from the front day of the high-gu 220-1, a culture in front of the 5-1st day of the 220-1, from the front day of the 50-1st day of the month in front of the 200-1st day of the city.

[Judgment of the court below]

1. On June 13, 2018, the Defendant was driven under the influence of alcohol by the Defendant, while driving a motor vehicle at the Newbuk-gun, Seoul National Cemetery located in 2508 in the direction of the new Yong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul National University on the 14:14th day of Jun. 13, 2018, under the influence of alcohol by driving a motor vehicle at the 2508, under the influence of alcohol, and receiving a report from the captain of the above station automatic gas station D police box, who called for 112 after receiving the notification, by driving the motor vehicle under the influence of alcohol, by drinking alcohol to the Defendant from the head of the above station D police box of the Youngdong Police Station, who was called for 112.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting the whole 19 minutes four times in a total of 19 minutes.

그럼에도 피고인은 “ 한 번만 봐 주쇼 ”라고 말하며 음주측정기를 들고 있는 경찰관의 손을 밀쳐 내거나, 음주 측정기에 입김을 불어 넣는 시늉만 하는 등 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. Defendant 1, who violated the Road Traffic Act (unlicensed Driving), will be the same way from the 5-1st to the 5-1st to the same side of the west-dong, Yellow-dong, Youngnam-gun, Chungcheongnam-gun, the date and time indicated in paragraph 1 above.

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