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(영문) 수원지방법원 안산지원 2018.11.21 2018고단3440
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2018, the Defendant without a license driving, from a section of about 15 km from the street on the old map of a member of Ansan-si to the front of the C private street located in the Si-si, Ansan-si, Seoul-si, and D Coin also driven a broadband car without obtaining a driver’s license.

2. On September 9, 2018, the Defendant was driving a motor vehicle under the influence of alcohol, such as drinking, drinking, drinking, snowing, and non-distance, on the road traffic law, on the street in front of C, 00:0 on September 9, 2018, while driving a motor vehicle under the influence of D, C, C, and D, C, while drinking, from E, who belongs to the Gyeonggi City Police Station, he/she driven the motor vehicle under the influence of alcohol.

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting approximately four minutes into a drinking measuring instrument four times between about 15 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하거나 손으로 음주측정기를 밀어내는 방법으로 이를 회피하여, 정당한 사유 없이, 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2, Article 44 (2) (Refusal of Measurement of Drinking) and Article 152 (1) and Article 43 (Unlicensed Driving) of the Traffic Act concerning facts constituting a crime under the relevant provision of the Act on the Road (Selection 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., a fine imposed on the accused for driving alcohol in 2010 and not less than a fine for driving alcohol in 2010).

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