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(영문) 대전지방법원 홍성지원 2018.01.16 2017고단741
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 2, 2017, the Defendant driven a vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from a slope D belonging to the Hongsung Police Station C police box, while driving a luminous-do Mancheon-dong, Gwangju-gun, Hongcheon-gun, Hongcheon-gun, Gyeongcheon-do, under the influence of alcohol, while drinking alcohol to the Defendant, while driving the luminous-do Ban Ban-dong while drinking alcohol.

There are reasonable grounds to determine a seal, and it was demanded to respond to the measurement of drinking by inserting approximately ten minutes into a drinking measuring instrument.

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

2. Violation of the Road Traffic Act (Non-licensed driving) Defendant 2 driven a car knife without obtaining a driver’s license from around 5k section in front of the death electric reservoir located in the Hongsung-gun, Hongsung-gun, Hongsung-gun, Chungcheongnam-gun, Gwangju-do, Gwangju-do, Gwangju-do, Gwangju-do, for the first time to the front day of the luminous high school.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Relevant legal provisions and Articles 148-2(1)1 and 44(2) (a) of the Road Traffic Act (a point of refusing to measure drinking), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license) concerning facts constituting an offense, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances under the protection and observation, community service order, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc.

The favorable circumstances: The circumstances unfavorable to one's own mistake: the amount of a fine shall be sentenced to a suspension of execution on the ground of drinking or non-licensed driving.

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