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(영문) 전주지방법원 군산지원 2018.08.08 2018고단363
도로교통법위반(음주측정거부)등
Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement of drinking), on February 15, 2018, the Defendant: (a) reported at the entrance parking lot located in the Asia-do, U.S., U.S., U.S., U.S., and driven a vehicle under the influence of alcohol, such as a breath of drinking, by the Defendant, at around 22:50 on the following:

There are reasonable grounds to determine a seal, which was demanded from that time to 23:28 of the same day to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times in total.

Nevertheless, the defendant, in a manner that does not properly put the part of the drinking measuring instrument into a proper measuring instrument, failed to comply with a police officer's request for the measurement of drinking without justifiable grounds.

2. On February 15, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a car in approximately 5km section from the front day of the ASEAN-dong Transport Do, Sinsan-dong to the same Sinbuk-dong parking lot. The Defendant driven a car in B below the Defendant’s own possession without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the situation of the driver at the main place of business, and measurement refusal photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of refusing to drive without obtaining a license) 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Despite the fact that the instant crime was committed on two occasions with the reason of sentencing under Article 62(1) of the Criminal Act, there is no corresponding punishment.

The sentencing conditions of the accused, such as the age, sex, environment, etc., shall be taken only once in consideration, and the punishment shall be determined as per the order.

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