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(영문) 제주지방법원 2018.07.11 2018고단71
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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 December 25, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a car at a 1km section from the Defendant’s home located in Seopo-si B without obtaining a driver’s license on December 25, 2017 to the front intersection located in Seopo-si C in Seopo-si.

2. The Defendant violated the Road Traffic Act (refluence of alcohol measurement) committed a car and a traffic accident at the front of the D (D) intersection in which he driven the said AD car, as set forth in paragraph 1. On the ground of hospital treatment, the Defendant refused to conduct an inspection to reduce drinking at the scene of the accident, and sent it to the emergency room of the Seogpo Medical Center of the Seogpo Medical Center located at the 47 Seopo-si, Seopo-si, Seopo-si.

On December 25, 2017, from around 12:01 to 12:11, the Defendant sniffed the Defendant from the emergency room of Seogpo Medical Center at the above Seopo Medical Center to the police officer of the H of Seopo Police Station H of Seopo Police Station, etc., and sniffed the Defendant, with the blood color, red, the horses are divided, and the Defendant sniffed the alcohol.

Defendant was driven under the influence of alcohol, such as statement, etc.

In spite of the fact that there is a considerable reason to suspect, it is demanded to respond to the measurement of drinking by inserting approximately 10 minutes into a drinking measuring instrument three times, but it did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of F and J;

1. A survey report on actual conditions;

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

1. A report on the detection of a primary driver;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to photographs of accident scene and photographs refusing to measure drinking;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)

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