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(영문) 광주지방법원 순천지원 2018.11.15 2018고단2039
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 30, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for assault in the Gwangju District Court's Netcheon Branch on July 22, 2017.

around 01:00 on October 1, 2018, the Defendant left the scene of a traffic accident in front of the C church education center located in B, while driving a cub car on D without a driver’s license, and then was exposed to the right side of the E-learninged vehicle parked on the left side of the moving direction while driving the cub vehicle on the front side of the F 150 meters away, and then the cuber was shocked by the Defendant before the driving vehicle and then the cuber was exposed to the front end of the driving vehicle, and then left the scene of a traffic accident in which the said cuber vehicle was parked on the front end of the H-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S-W-S-W-W-S-W-W-S-W-W-S-W-S-W-S-W-W-S.

The Defendant driven under the influence of alcohol, such as that he or she has a large amount of smelling from the Defendant’s entrance, has a high face of snicking and walking properly.

There are reasonable grounds that the police officer's request for the measurement of drinking on the same day, but refused to take a measurement of drinking on the same day, avoided a request for the measurement of re-driving on the same day 01:25, and did not comply with a police officer's request for the measurement of drinking on the three occasions of around 01:30, such as explicitly refusing the measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

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

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning personal confinement as a result of inquiry;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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