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(영문) 의정부지방법원 2018.06.29 2017고단5433
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 2, 2017, the Defendant driven a motor vehicle under the influence of alcohol on September 2, 2017, 202:02:07, while driving a motor vehicle under the influence of E, while drinking on the front of the Do Government-si, and driving the motor vehicle under the influence of alcohol, such as drinking, drinking, snow, etc. from the Defendant from the police officer of the F District Police Station G of the Do Government Police Station, while drinking, brea the motor vehicle under the influence of alcohol.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant avoid the alcohol alcohol measurement and the above police officers are required to take the alcohol alcohol measurement to the F police officers.

하여 같은 날 02:35 경 의정부시 H에 있는 F 지구대로 이동하였고, 그 곳에서 위 경찰관으로부터 재차 음주 측정에 응할 것을 요구 받았으나, 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Around 16:00 on April 13, 2018, the Defendant driven a e-mailed car without the driver’s license at approximately 300 meters from the front of the apartment house in Yangju-si, which is located in the 78 North-ro of the Goju-si, Yangju-si, a Goju-si, which is located in the 83-ro of Yangju-si, from the front of the apartment house.

Summary of Evidence

"2017 Highest 5433"

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. The ledger using sobling measuring instruments;

1. On-site photographs "2018 Highest 1692";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to a driver's license;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 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 (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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