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(영문) 의정부지방법원 2018.05.01 2018고단609
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On October 7, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a D SP motor vehicle on the front of C at the time of the government around 00:48 on October 7, 2017, the Defendant: (a) faced with the central left-hand side of the above vehicle; (b) was under the control of the police box of the Speaker-General Police Station E box, which received the traffic accident report, and called out, under the control of the suspicion of drinking by drinking from F.

The defendant was driving under the influence of alcohol by the defendant, such as smelling the defendant from the above F to the defendant, being snicking on the face, etc.

have reasonable grounds to determine that there is a reasonable

As a result, it was required to comply with the drinking alcohol measurement.

However, even though the Defendant was requested by the above E police box for a total of about 20 minutes from around 01:19 to around 01:38 on the same day to comply with the measurement of drinking alcohol by inserting approximately 20 minutes into the above E police box, etc. three minutes, the Defendant did not comply with such request without justifiable grounds by inserting it into a proper measurement.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving the D SP car driving without the driver’s license from around approximately 1.5 km to the front road of the Gyeonggi-do Government in the front of the Gyeonggi-si in the city of the Government on the day specified in paragraph 1 of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of a traffic accident and a report on the occurrence of a traffic accident;

1. Investigation report (report on the situation of the driver in charge of driving), report on the situation of the driver in charge of driving, notification on the result of regulating the driving of drinking, and copy of the register using the measuring instruments for drinking;

1. An adjacent inquiry (D);

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to photographs about the refusal to measure drinking;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.

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