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(영문) 청주지방법원 2019.03.28 2019고단250
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On July 13, 2017, the Defendant sentenced six months to imprisonment for a violation of the Road Traffic Act at the Cheongju District Court on July 13, 2017, and completed the execution of the sentence at the Cheongju Prison on January 12, 2018.

【Criminal Facts】

1. Around January 1, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven the F Bodyman’s car without a vehicle driver’s license from C in a considerable area of Cheongju-si, Cheongju-si to D and E in a considerable area of Cheongju-si, Cheongju-si.

2. On January 1, 2019, at around 07:31, 201, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking), there exist reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as making a breath from a policeman belonging to the G District District of the Police Station in the Chungcheongbuk-gu Police Station in front of D, Chungcheongnam-si, the Cheongju-si, and in an inaccurate and inaccurate manner that the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Control note, situation report of the driver, on-site photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (a copy of the judgment, and current expropriation of individuals);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure the volume of foods), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license) of the same Act and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders has been punished several times, and in particular, the defendant has committed the crime of this case again during the period of repeated crime due to the same criminal act.

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