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(영문) 광주지방법원 순천지원 2019.01.17 2018고단2245
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. On September 14, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DNA car on the road front of the Danyang-si B without obtaining a driver’s license on September 14, 2018.

2. Around 04:40 on September 14, 2018, the Defendant violated the Road Traffic Act (refluence of measurement) requested the Defendant to comply with a drinking test by inserting alcohol measuring instruments into a drinking measuring instrument on the road in front of the Cnobybya, in front of the Cnobya, in front of the Cnobya under B, while driving a Dnoby car under the influence of alcohol, and after receiving the 112 report that there was an accident in drinking after the vehicle was parked, the Defendant requested the Defendant from F of the Mineyang Police Station affiliated with the Mineyang Police Station, who was dispatched, to take a drinking test by inserting alcohol, making the Defendant sniff in the face, and making the unbreed distance, etc., on several occasions, but the Defendant said that he would not comply with the measurement.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of the Acts and subordinate statutes on the ledger of driver's license and video CDs;

1. Relevant legal provisions and Articles 148-2 (1) 2, 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

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

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

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

1. The defendant, for the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order, has a record of being punished for drunk driving, shall be selected by imprisonment with prison labor in consideration of the circumstances disadvantageous to the defendant who committed the crime of non-licenseless driving or the crime of refusing to measure drinking

However, it is against the fact that the defendant recognizes the facts of crime.

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