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(영문) 서울중앙지방법원 2018.05.24 2017고단7813
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 24, 2017, the Defendant was driven under the influence of alcohol by driving a vehicle CK5 on the front side of the parking lot in Seocho-gu Seoul, Seocho-gu, Seoul, Seoul, at around 01:35, and driving under the influence of alcohol, such as drinking alcohol, drinking alcohol, walking, and walking condition from the border E belonging to D District Zone of the Seocho-gu Police Station D, while drinking alcohol, and driving under the influence of alcohol.

There are reasonable grounds to determine a person, which is required to respond to the measurement of drinking by inserting approximately 40 minutes (the first 02:20, the second 02:30, the third 02:45, the fourth 02:58, the fourth 02:58).

Nevertheless, the Defendant did not take place despite the fact that the police officer's continued scambling in measuring drinking, but did not comply with the police officer's request for the measurement of drinking without justifiable grounds by avoiding it by the method referred to only that the police officer means to take a drinking test.

2. On the day specified in paragraph 1, the Defendant driven the said K5 vehicle without obtaining a driver’s license from the front side of the Seocho Peace Building in front of the Seocho-gu Seoul Metropolitan Government, to approximately 100 meters wide from the front side of the said 22 Seocho Peace Building to the front side of the said 323-ro 41-6 front road in the south south-gu circulation.

Summary of Evidence

1. Statement by the defendant on the third public trial date;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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