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(영문) 광주지방법원 순천지원 2018.01.19 2017고단2476
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

On January 22, 2016, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act (non-licensed driving) in the Gwangju District Court's net support on January 22, 2016, and completed the execution of the sentence in the Gwangju District Court on May 22, 2016.

1. On October 23, 2017, the Defendant driving a F Poter vehicle without obtaining a driver’s license from the front day of the Sodon elementary school, in a sub-school in a sub-committee in the virtue, to the front day of the road in the same city, from around 4 km to the road in front of the same city.

2. On October 23, 2017, the Defendant driven a vehicle under the influence of alcohol, such as smelling alcohol to the Defendant, smelling on the face of a police box affiliated with the relevant police box of the relevant police station, which was called upon receipt of a report from 112, on the ground that the Defendant: (a) was under the influence of alcohol, while drinking water and then destroying the fright of the said cargo on the front of the said cargo vehicle on the road, by taking the part of loading the said cargo vehicle; and (b) was under the influence of alcohol by a police officer assigned to the relevant police box of the relevant police station, who was called.

There was a reasonable reason to determine a seal, and it was demanded to respond to the measurement of drinking by inserting the whole 30 minutes into a drinking measuring instrument three times in a total.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds by taking advantage of a dog, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A report on internal investigation (a comprehensive report on refusal to measure drinking);

1. Investigation report (as regards the distance from which a person drives without a license and a guidance photograph);

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and one of the personal confinement status;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Aggravation of repeated crimes:

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