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(영문) 의정부지방법원 2018.06.12 2018고단1780
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws at the Jung-gu District Court on May 30, 2003, and was sentenced to a suspended sentence of two years for a crime of violating road traffic laws. On April 13, 2017, the Defendant was sentenced to six months for a crime of violating road traffic laws at the Jung-gu District Court on April 13, 2017 and completed the execution of the sentence at the Jung-gu District Court on May 9, 2017, and was sentenced to a suspended sentence of six months for a crime of violating road traffic laws.

[Criminal facts]

1. On May 30, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a Efranchising car at approximately 100 meters away from D’s front road to D’s front road of a Buddhist place located in Scheon-si C without a vehicle driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated a car owned by the defendant without mandatory insurance at the time and place mentioned above 1.1. The defendant operated the car.

3. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 driven the said franchise on the front side of the F driver's vehicle, which was under the influence of drinking on the road in the front of the city of Mapo-si at the time of the above day, and led to the back side of the F driver's vehicle, which was under the influence of drinking, the lower side of the F driver's vehicle.

Accordingly, the Defendant driven a vehicle under the influence of alcohol, such as smelling, smelling, snicking on the face, etc., by a policeman belonging to the G police box of the Pocheon Police Station, who was dispatched to the scene after receiving the report of the above traffic accident.

Even though there are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting three times in a drinking measuring instrument over about 15 minutes, he/she did not refuse the request for measurement of drinking without justifiable grounds and did not comply with the request for measurement of drinking by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. The F Statement;

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