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(영문) 인천지방법원 부천지원 2018.01.26 2017고단2809
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On October 18, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol by drinking about 4 km while driving a motor vehicle under the influence of alcohol; (b) while driving a motor vehicle under the influence of alcohol by drinking about 4 km from the front side of the company in front of the ground-based company, to the lower side of the Hapo-si, Kimpo-si, the lower court, located in the lower side of the lower side of the Hapo-si, Kimpo-si, Kimpo-si; and (c) while drinking the motor vehicle under the influence of alcohol, such as smelling alcohol and drinking red at the face.

There is a reasonable reason to set a seal, and C police boxes were required to respond to the measurement of drinking by inserting the breath of drinking in a boom D slope.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. On October 18, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Bho-do car without a vehicle license from the front day of the company in front of the Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si, Gpo-si to the front day of the main shop.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the next inquiry session;

1. Relevant provisions of 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 (Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The necessity for strict punishment in light of the danger of drinking driving, the defendant's driving of drinking as well as the police officer's drinking measurement has been refused.

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