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(영문) 전주지방법원 2017.10.10 2017고단1397
도로교통법위반(음주측정거부)등
Text

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

Reasons

Punishment of the crime

On November 17, 2016, the Defendant was sentenced to six months of imprisonment for the crime of assault at the Jeonju District Court, and completed the execution of the sentence in the Jeonju prison on May 3, 2017.

1. On June 24, 2017, the Defendant, who refused to take a drinking test, was driven under the influence of alcohol by the Defendant, through field CCTV from E from the seat of the Kim Jong-dong Police Station D District, called out after receiving a report from the Defendant on the 112 fact that the Defendant scam in the D District located in Kim Jong-si, Kim Jong-si, Kim Jong-si, in order to check the appearance of the Defendant driving of the Fco-do broadband and getting out of and down from the seat, and the Defendant was driven under the influence of alcohol, such as opening a red light on the face and opening a crosslight.

Due to reasonable grounds, 22:12, 22:18, 22:2:24 on the same day, it was demanded to respond to the measurement of drinking on three occasions.

However, the Defendant did not comply with the police officer’s drinking measurement without any justifiable reason.

2. On June 24, 2014, around 20:15, the Defendant, a non-exclusive driver, operated a bit-type truck without obtaining a driver’s license from around 200 meters from the apartment parking lot to around 23, 200 meters from the apartment to the 14-o-ro 23-o, Kim Jong-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

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

1. A report on internal investigation:

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history, report on investigation (the previous conviction and report on the same criminal record);

1. Selection of imprisonment with prison labor for a crime under Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, or Article 43 of the Road Traffic Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment have already been punished three times by a fine due to drinking, driving without a license, etc., and at the time of driving of the instant case.

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