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(영문) 의정부지방법원 2017.07.11 2017고단557
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment 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 January 22, 2017, the Defendant: (a) driven a vehicle B tezine without obtaining a driver’s license in a section of about 400 meters from the road near the 87 Mancheon-si, Mancheon-si, the center of Gyeonggi-do, to the road near the 1570 Mancheon-si, the 1570 Mancheon-do Police Station, to the two-way roads; and (b) drive a vehicle B tezine without obtaining a driver’s license.

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant caused an accident involving the seat of a bridge sign while driving the said vehicle on the front of 2,000 square meters around the day set forth in paragraph 1.

On January 22, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking and smelling on the face of the Defendant from E during the process of conducting an examination of the said traffic accident at the Gyeonggi B Police Station D police station, which is located in Gyeonggi-si, Gyeonggi-do, 300 on January 22, 2017.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in three times between about 20 minutes.

Nevertheless, the defendant refused this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, field photographs, reports on the detection of drivers of primary drivers, reports on internal investigation (the first report), and reports on internal investigation (the relative investigation of certified fire engines);

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1, and Article 43 (Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment for each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act was two times before and after the driving of drinking alcohol, the occurrence of physical accidents due to the driving of the defendant's drinking, and in light of the circumstances of the accident and the degree of damage to the defendant's vehicle, the risk of driving alcohol was significantly high.

b) appears;

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