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(영문) 의정부지방법원 고양지원 2018.10.04 2018고단1497
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who is engaged in driving a DNA car.

1. On May 27, 2018, the Defendant was under the influence of alcohol and driven under the influence of alcohol by driving the said vehicle on May 27, 2018, while driving a road in front of the Pungsan Underground Road located in the Dong-gu, U.S., U.S., U.S., in a high-speed city, while driving the said vehicle on the front part of the said vehicle, setting the border line installed on the road in front of the said vehicle at the boundary line, going up by going up with the said vehicle going up after going up. However, the Defendant was driving under the influence of alcohol by drinking from the border F, etc. belonging to the E-W, U.S. police station in the U.S., U., U.S., in the front part of the said vehicle at the boundary line.

There is a considerable reason to suspect that it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. Violation of the Road Traffic Act (Non-licenseless Driving) was driven by the Defendant without a driver’s license at a section of approximately 3 km from the front day of the valley mountain basin located in the Pungsan-dong, Seoyang-gu, Seoyang-gu, Pungsan-si to the front day of the Pungsan-dong located in the same Dongsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) 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. 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 defendant with reasons for sentencing Article 62-2 of the Criminal Act shall be prior to the instant crime.

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