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(영문) 서울서부지방법원 2019.01.17 2018고단3476
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 150,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On September 30, 2018, at around 01:45, the Defendant violated the Road Traffic Act (refluoring to take a drinking level), the Defendant was required to take a drinking test by inserting the body of the Defendant into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol on the front of C in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, upon receiving a report from 112 that “A person who drives a drinking-water driver” was on the front of C, and that “A person who drives a drinking-water driver” was on the part of D, etc. affiliated with the Seoul Seodaemun-gu Seoul Western Police Station, and failed to comply with the drinking test by

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving the FCA1105 Ornab on the road from the front of Seodaemun-gu Seoul to the front of Seodaemun-gu Seoul Western-gu, Seoul, without obtaining a license for a motorcycle at a section of about 100 meters.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on de facto statements of drivers;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of the measurement of alcoholic beverages), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Selection of a fine for a violation of the Road Traffic Act (Refusal of measurement), such as imprisonment, and a fine for a violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Crimes of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury on Risk Driving) in 2017.

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