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(영문) 수원지방법원 2018.08.29 2018고단3420
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On May 6, 2018, the Defendant, at around 03:20 on May 6, 2018, driven a Fing MZ car without obtaining a driver’s license from the road front of the C regularly landing point in Suwon-si B, Suwon-si to the alley near the E-cafeteria located in the same Gu.

2. On May 6, 2018, the Defendant was under the influence of alcohol, such as drinking alcohol and smelling on the face of the E-cafeteria located in D at Suwon-si, Suwon-si, while drinking alcohol and driving without a license, while diving, the Defendant was driving under the influence of alcohol, such as drinking alcohol and smelling on the face of the E-cafeteria at Suwon-si, the Defendant, upon receiving a report from 112 and driving the vehicle under the influence of alcohol.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting the whole 16 minutes into a drinking measuring instrument four times in total.

Nevertheless, the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds, on the ground that “the Defendant did not drive a motor vehicle.”

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver working at the main place, report on the situation of a driver without a license, on the road traffic, field photographs of violations of the Road Traffic Act, and photographs refusing to measure;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes by concurrent crimes as provided for in the crimes of violation of Road Traffic Act with heavy punishment within the scope of the sum of long-term punishments for two crimes);

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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