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(영문) 의정부지방법원 고양지원 2018.01.19 2017고단3335
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 10, 2017, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven a third-public permanent motor vehicle located in the Dong-dong Port, Dong-gu, Busan, Dong-dong, Dong-gu, and from around 300 meters to the front road located in the same Gu-dong, Dong-dong, Dong-dong, Dong-dong, Dong-gu, to drive a Category D motor vehicle with sofrid from D without obtaining a driver’s license.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss, the Defendant was driving the motor vehicle with soflurt which was not covered by the mandatory insurance of motor vehicles at the date and place specified in paragraph (1).

3. Violation of the Road Traffic Act (refluence of drinking), the Defendant, while driving the said vehicle on the road in front of C at a time prior to the day specified in paragraph (1), conflict with the E-driving car parked on the road. The Defendant, while driving the said vehicle on the road, was under the influence of alcohol, such as drinking, drinking, drinking, walking, and drinking, from H in the situation where he belongs to the G District Unit of the Sinsan-dong Police Station G District, the Defendant was on the face of the said vehicle.

Even though there are reasonable grounds to determine a person, the police officer did not comply with a request for the measurement of drinking without justifiable grounds, despite the police officer's request to respond to the measurement of drinking by inserting the fluor three times between about 15 minutes and 15 minutes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the motor vehicle driver's license ledger and mandatory insurance-related Acts and subordinate statutes;

1. Article 148-2 (1) 2, Article 44 (1) (a) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1, Article 43 (a) of the Road Traffic Act; Article 46 (2) 2 of the Guarantee of Automobile Compensation for Damages;

1. Selection of imprisonment with prison labor chosen;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act

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