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(영문) 서울중앙지방법원 2016.01.13 2015고단7339
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

1. On September 3, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving a B camping car at a section of about 20km from the 20km to the front of the 20km of the Seoul Gwanak-gu, Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City) on September 3, 2015.

2. On September 3, 2015, the Defendant was driving under the influence of alcohol while hearing the horses that the Defendant driven a witness while drinking alcohol from a police officer affiliated with a save police box called to the scene while drinking alcohol at around 23:35, 2015, around the upper center of the Defendant’s fright apartment, who had a large amount of smelling alcohol at the Defendant’s entrance, and who was under the influence of alcohol.

have reasonable grounds to determine that there is a reasonable

The Seoul Gwanak Police Station demanded to respond to the alcohol testing by inserting a total of 40 minutes from the above day to September 4, 2015 from September 00:13, 2015 from the slope C belonging to the traffic safety department of the Seoul Gwanak Police Station by inserting the whole of 40 minutes into the drinking measuring instrument.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and did not comply with a police official's demand for drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note prepared by the Inspector D;

1. Inquiries about the result of crackdown on driving;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the term of punishment aggregating the maximum term of punishment prescribed for each crime);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment have the power from 2000 to 2015 to five drinking drivers, one time to suspend the execution of imprisonment with labor, and four times to be sentenced to a fine due to a two-time licenseless driving.

. The defendant-appellant.

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