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(영문) 대전지방법원 천안지원 2020.04.10 2019고단2665
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 23, 2019, the Defendant violated the Road Traffic Act (free license) driving of DK5 automobiles from approximately 20 km to the front of the B apartment in the Gyeongan City to the front of the Asan City without obtaining a driver’s license on September 23, 2019.

2. Violation of the Road Traffic Act (Refusal of measurement) by the Defendant is driving under the influence of alcohol at Asan City C around September 23, 2019, and the Defendant is driving under the influence of alcohol as provided in paragraph (1).

Along with the report of 112 that a contact accident was sent, there was a reasonable ground to recognize that a person was driving under the influence of alcohol, such as drinking, smelling, and breathing, etc., from the F in the circumstances of the E District of the Asan Police Station E District, which was called out, and was demanded to respond to the measurement of alcohol by inserting the whole breath.

Nevertheless, the defendant, after entering a door, read as "Mamo Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat Lat

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. A written statement of reference witnesses of G;

1. Application of the Acts and subordinate statutes to the register of vehicle driving licenses, such as report on the occurrence of cases, on-site photographs, red inquiries and car driving licenses

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (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 the choice 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that it is difficult to prove and punish a drunk driving with a high social risk and that it is not good to commit a crime that promotes the light view of public authority.

In the past, even though the defendant was sentenced to a fine due to drinking driving, he is not liable in that he committed the crime of this case.

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