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(영문) 제주지방법원 2019.08.14 2019고단131
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around 0:30 on December 13, 2018, the Defendant: (a) turned back the vehicle in front of the road B at Seopopopopoon, and (b) drive CSM3 automobiles without obtaining a driver’s license at approximately 10 meters section.

2. Around 01:34 December 13, 2018, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument four times from around 02:03 to four times on the same day, on the grounds that, as described in paragraph (1) above, the Defendant was found to have driven under the influence of alcohol due to an accident involving a boundary seat while driving a CSM3 car and received a report 112, and due to the occurrence of a serious reason for deeming that the Defendant was driven under the influence of alcohol, such as drinking, smelling on the face, smoking, and checking the reaction of drinking so that he/she could have taken a drinking.

Nevertheless, the Defendant did not comply with the demand of a police officer for the measurement of drinking without justifiable grounds because the Defendant did not take any part in the drinking-free measuring instrument and did not comply with the drinking-free measurement because he did not comply with the drinking-free measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2(1)2 of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 152 subparag. 1 and 43 of the Road Traffic Act; the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include that the defendant was sentenced to suspended sentence for the same kind of crime and that there are many criminal records of the same kind. Meanwhile, the driving distance is short, reflects the defendant's age, character and conduct, family relationship, environment, circumstances and results of the crime, and circumstances after the crime.

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