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(영문) 대전지방법원 서산지원 2018.08.29 2018고단649
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant was under the influence of alcohol, such as drinking alcohol to the Defendant and snicking on the face of the border of the police station E zone belonging to the Chungcheongnam-gu Police Station E zone, while driving a Droping a Droping on the front side of C points in Jin-si on May 20, 2018, while drinking alcohol at C at the time of Jin-si on May 20, 2018.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting three times in a so-called drinking measuring instrument three times between about 15 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하다가 현장을 이탈하려 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On the date and time set forth in paragraph 1, the Defendant was driving a D-low-income car without obtaining a driver’s license from the front side of the H in J in J in J in J in J in J in J in J in Jin City to the front side of B C in Jin-si in Jin.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the ledger on the use of drinking meters, the notification of the results of the crackdown on the driving of drinking, the circumstantial statement of the driver of drinking, and the ledger of

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Denial of the measurement of drinking alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act and the selection of imprisonment;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and the selection of imprisonment.

1. The defendant's reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, despite the punishment several times, repeats the crime related to drinking/unlicensed driving, and the crime of this case was committed during the suspension period of the execution of the same kind of crime, and other conditions for sentencing, such as the defendant's age and sexual conduct, are considered as ordered.

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