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(영문) 대전지방법원 공주지원 2019.02.15 2018고단504
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 July 1, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a motor vehicle without obtaining a driver's license in approximately 1km section from around 19:10 on the same day to the front road of the same city through an elevated bridge located in the official car in the same city from the front of the Defendant's house located in B at Gongju-si on July 1, 2018.

2. On July 1, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level). On July 19:15, 2018, the Defendant: (a) driven a motor vehicle under the influence of drinking on the road C in front of the city of official week; (b) turned the motor vehicle into the left-hand dry field of the road; and (c) on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of drinking, such as drinking, drinking, snowing, etc. from the F of the police box of the Gongju Police Station, dispatched after receiving the 112 report to the effect that “the motor vehicle was turned into the road for a farming way; and (d) failed to comply with a request for the measurement of drinking level by a police officer without justifiable grounds, even though he/she was compelled to voluntarily drive the motor vehicle under the influence of drinking level from 21:22 to 21:51 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident (1) (2) (1) (2) (2));

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the Road Traffic Act; the choice of imprisonment for each sentence

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

1. Article 62 (1) of the Criminal Act;

1. To refuse the measurement of drinking after occurrence of an accident on the grounds of sentencing in Article 62-2 of the Criminal Act.

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