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(영문) 광주지방법원 순천지원 2019.06.14 2019고단638
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On February 1, 2019, at around 21:30, the Defendant violated the Road Traffic Act (refluence of the noise measurement). On the road at the entrance of a small-scale park located in the Mayang-si, the Defendant was required to voluntarily accompany the office of the Mayang Police Station C to respond to the measurement of alcohol from around 22:10 on April 4 of the same day, in the course of identifying and checking the driver of the said cargo after receiving a report from 112 that the B Manyang Police Station C, etc. was driving the vehicle at the site.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 거부하여 정당한 이유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. Around February 21, 2019, the Defendant violated the Road Traffic Act (free license) driving of B Poter truck without obtaining a driver’s license at approximately 10km section at the entrance of the small-scale park located in the luminous-dong from myang-si to the small-scale road located in the luminous-si white road (Gwanyang-si).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, letter of notification of measurement of drinking alcohol, report on the circumstances of driver's licenses, investigation report, investigation report (report on the circumstances of driver's licenses), inquiry into the records of crackdown on drinking driving, ledger of

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. The defendant with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the same crime.

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