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(영문) 서울중앙지방법원 2018.12.20 2018고단4683
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving service of a car with B low-priced other car in violation of the Road Traffic Act (after-accident).

On July 7, 2018, around 05:25, the Defendant was negligent in neglecting the operation of the brake system while driving the front road of the Seocho-gu Seoul Metropolitan Government building along the three-lanes of the street protection zone, regardless of the chilling side from the reverse bank, while driving the front road of the Seocho-gu Seoul Metropolitan Government building along the three-lanes of the speed 5 lanes, and was negligent in not operating the brake system accurately at the front bank, and received the victim Dwork E rocketing-si from the victim who stops in the signal atmosphere in the signal atmosphere from the front bank to the front part of the passenger vehicle.

The Defendant did not immediately stop and take necessary measures while causing a traffic accident that damages the rocketing taxi to repair 397,000 won.

2. On July 7, 2018, the Defendant driven a motor vehicle under the influence of alcohol from around 06:03 to 06:18, under the influence of alcohol, such as smelling and smelling from G in the parking lot for the Seocho-gu Seoul Seocho Police Station at the Seocho-gu Seoul Seocho Police Station, while drunking from G to the face, etc.

Despite the fact that there is a considerable reason to determine a person, a police officer was requested to respond to a drinking test four times by inserting the whole in a drinking measuring instrument, but he/she did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Written statements of D;

1. Written estimate of repair;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Articles 148, 54(1), and 148-2(1)2 and 44(2) of the Road Traffic Act applicable to the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the lowest shall apply to the crimes determined by the crimes of violating Road Traffic Act (the refusal of drinking), and Article 50 of the said Act);

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

1. Suspension of execution (the fact that has been agreed with the victim's side and is against the depth thereof).

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