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(영문) 수원지방법원 성남지원 2018.11.28 2018고단2317
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 7, 2018, the Defendant driven a motor vehicle under the influence of alcohol by a police officer H, who belongs to the G department of the Southern Police Station G department, while driving a Fran vehicle under the influence of alcohol on the road at the bus stops located adjacent to a 270-ro, west-ro, west-ro, west-do, 270, a low-speed motor vehicle under the influence of alcohol on September 7, 2018.

There is a reasonable reason to recognize that it was demanded by around 20:56 of the same day to respond to the measurement of drinking by inserting the whole 20 minutes into a drinking measuring instrument four times in total.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed driving) driven the said Frane car at the time, time, and place of the said “1” without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the ledger of the user of drinking instruments;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the act of refusing to measure drinking) of the same Act, and the selection 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On June 2, 2018, the Defendant issued a summary order of five million won by refusing to measure drinking, even on June 2, 2018, for reasons of sentencing under Article 62-2 of the Criminal Act regarding an order to attend a lecture or order to provide community service order.

As a result, the license was revoked, and thus, again refused to measure the drinking alcohol.

Punishment shall be determined as ordered by the text.

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