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(영문) 의정부지방법원 고양지원 2017.01.06 2016고단2820
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 10, 2016, the Defendant driven a F rash car without a driver’s license from a distance of about 2 km up to the front road of “E” located in the “E” road located in front of a restaurant located in the Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Seoul Metropolitan City, in order to improve the speed of 01:30 on August 10, 2016.

2. On August 10, 2016, the Defendant: (a) driven under the influence of alcohol on the roads located in Seo-gu Seoul Special Metropolitan City, Seo-gu, Seo-gu, Seoul Special Metropolitan City (E); (b) the Defendant was under the influence of alcohol on the roads in front of “E”; (c) the Defendant was reported to the effect that a car is stopped in the reverse direction with the starting direction while driving the car; and (d) the Defendant was smelled to the Defendant from a policeman belonging to the G District of the Gyeonggi-gu Police Station G belt at the Hansan Special Metropolitan City, which called the scene, with the starting direction; and (d)

A total of three times from around 02:38, 02:50 on the same day, including being required to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument for reasons of significant reasons to determine a person.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation and a report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing field photographs refusing measurement;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. The defendant's reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of quantity are that he/she is driving without being aware of the fact that he/she is under probation due to drinking, and again drives without obtaining a license, and he/she refuses to demand a measurement of drinking, and that there are many criminal records prior to driving under the influence of alcohol.

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