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(영문) 대전지방법원 서산지원 2019.07.24 2019고단435
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

1. On March 26, 2019, at around 14:30, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) caused an accident by driving a bus driver car near B in front of the bus stops near B at the time of Jinjin, resulting in an accident of leaving the vehicle by side ditches of the road while driving the car at D in front of the bus stops at the right-hand turn.

Although the defendant has considerable reasons to recognize that he was driving under the influence of alcohol, such as being sniffed by smelling at the entrance, being sniffed with his body, being snicking on face, etc., and was requested by the Speaker E of the police box dispatched to the site to comply with a drinking test four minutes during a period of time between approximately 23 minutes, he did not comply with the drinking test by a police officer without justifiable grounds.

2. At the date and time specified in paragraph (1), the Defendant driving a C-T-A-A-car without obtaining a driver’s license from the front of G cafeteria in F at the time of the inspection to the front of the bus stops listed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the register of driver's licenses, such as a fact-finding report, a fact-finding report, an investigation report (report on the status of a driver), a field photograph refusing to measure, and an automobile driving license;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the same Act; the choice of imprisonment for each sentence;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished several times for drunk driving and unlicensed driving.

In particular, despite being sentenced to a suspended sentence due to drinking driving, etc., he/she again renders drinking and driving without a license, and refused to take a drinking test.

Defendant.

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