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(영문) 광주지방법원 순천지원 2018.05.03 2018고단157
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 10, 2018, the Defendant violated the Road Traffic Act (non-licenseed driving): Yellow neons located in the way of the market in the area of the high-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Seoul Special Metropolitan City on January 10, 2018;

From the front day of the Hasong-gun to the 1757 Gosong-ro, Gosong-gun, Gosong-gun, Gosong-gun, the 1757 Gosong-gun, driving the B B Poter-II truck without the driver's license from approximately 500 meters to the front road of the

2. Violation of the Road Traffic Act (refluence of drinking), the Defendant driven a vehicle C while driving the said vehicle on the roads of the No. 1 at a time prior to the No. 1, and was reported, while driving the said vehicle, while driving the vehicle, and driving the vehicle under the influence of alcohol by a policeman E, etc. belonging to the Haung-gu Police Station D police box called for, and called for, the Defendant, in the influence of alcohol, such as smelling and smelling on the face.

There was a reasonable reason to determine a person, which was demanded to respond to the measurement of drinking by inserting the whole 20 minutes into a drinking measuring instrument three times in total.

Nevertheless, the defendant did not comply with a police officer's drinking test without any justifiable reason by avoiding the above measurement demand.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. The motor vehicle driver's license ledger to the defendant;

1. Application of each statute on photographs;

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, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments of punishment) shall be aggravated for concurrent crimes;

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

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

1. The criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order, the nature of each of the crimes of this case, the driving distance of this case, the family relationship of the defendant, and the defendant.

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