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(영문) 서울남부지방법원 2018.07.12 2018고단2114
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 17:50 on April 21, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driven a D-to-purd vehicle without a driver’s license from approximately 100 meters away from the road front of a mutually influent restaurant in Yangcheon-gu Seoul Metropolitan Government to the front road of Yangcheon-gu Seoul Metropolitan Government.

2. Violation of the Road Traffic Act (Refusal of drinking measurement) by the Defendant, along with the vehicle as described in paragraph (1), was parked in front of Yangcheon-gu Seoul Metropolitan Government, while driving the vehicle at the same time as the vehicle in paragraph (1).

After receiving the FF truck from E, the FF truck was voluntarily accompanied by the police officer dispatched after receiving the report of E 112.

around 18:35 on the same day, the Defendant driven a vehicle while under the influence of alcohol, such as the Defendant’s snow frighting, frighting, and snow snowing at the Seoul Yangcheon Police Station’s Office for Transport Survey in Yangcheon-dong, Yangcheon-gu, Seoul, Seoul, Police Station, from G in the circumstances where the above police station belongs to the police station.

There is a considerable reason to suspect that there was a demand to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument on seven occasions.

Nevertheless, the Defendant avoided the method of inserting it in a short period of time, 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 traffic accident report;

1. A certificate of drinking alcohol measurement, a report on the detection of the main driver, and CD images at the time of measurement;

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

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is the observation of protection and the order to provide community service and attend lectures.

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