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(영문) 제주지방법원 2018.06.27 2017고단2749
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2017, the Defendant violated the Road Traffic Act (e.g., refusal of measurement of drinking), while driving a motor vehicle with B gallon on August 22, 2017, and driving a motor vehicle in front of D located in C at Jeju at the Jeju-si, a traffic accident report, and driving a motor vehicle under the influence of alcohol by the Defendant, such as a serious winding and face coloring, from the near F of the Jeju-gu Police Station E District of the Jeju-gu Police Station called out after receiving a traffic accident report.

Although there are reasonable grounds to determine a person, the police officer's drinking test was refused without justifiable grounds even though he/she was requested to respond to the measurement of drinking by inserting the whole breath of a drinking measuring instrument over about 20 minutes.

2. On the day specified in paragraph 1, the Defendant driven a driver’s license without a driver’s license on the Jeju city with a gallon within approximately 150 meters from a mallon to the above D’s gallon.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of the driver working at the State, a report on the scene of the accident, a report on the situation of the driver working at the State, and an investigation report (a report on the situation of

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

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. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The following circumstances are the following: (a) the protection and observation of the community service order; (b) the reason for sentencing under Article 62-2 of the Criminal Act; (c) the background leading up to the occurrence of the instant crime; (d) the Defendant committed a violation of the Road Traffic Act (unlicensed Driving) from around 2016 to two times; and (e) the Defendant committed a violation of the Road Traffic Act (unlicensed Driving) by drinking alcohol and driving a motor vehicle on one occasion; and (e) the Defendant committed a second offense after driving a motor vehicle, despite having been punished by each fine on one occasion due to a violation of the Road Traffic Act (un

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