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(영문) 서울중앙지방법원 2017.09.20 2017고단4412
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 8, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a CWH car without obtaining a driver’s license in the 1km section from the Gangnam-gu, Seoul to the front road of Gangnam-gu, Gangnam-gu, Seoul, without obtaining a driver’s license from around 07:5.

2. On February 8, 2017, at around 08:06, the Defendant was under the influence of alcohol on the part of the Defendant, while driving a motor vehicle with a light to alcohol in a state of drinking at the place set forth in the foregoing paragraph (1), and driving the motor vehicle with a light to the vehicle. Upon receipt of a report, the Defendant was under the influence of alcohol, such as smelling alcohol and lifting snow on the part of the Defendant from the slope E belonging to the Gangnam Police Station D District of the Gangnam Police Station called to the site.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver placed at the scene, and photographing photographs of the site;

1. Statement of control and report on internal investigation (the details, etc. of the measurement of drinking);

1. Application of Acts and subordinate statutes to the driving license ledger;

1. The provision of Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime under the relevant provision of the Act, and the selection of a person to be punished by 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. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

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