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(영문) 의정부지방법원 2018.08.17 2018고단2476
도로교통법위반(음주측정거부)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. On June 1, 2018, the Defendant: (a) driven a Grand Car in Ireland without obtaining a driver’s license from the entrance of the 44-Pacific Franchising Radon parking lot at around 100 meters from the 15:2, Guriri-si, to the 2nd floor parking lot at Guri-si, Siri-si, as the case may be, without obtaining a driver’s license.

2. On June 1, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was found to be the head of the Gu-ri Police Station Gyeong-gu Police Station C, and the slope D, dispatched after receiving a report on the alleyway adjacent to the original branch of the 4 Gu-ri Seoul, Seoul, on June 1, 2018, on the ground that the Defendant driven a motor vehicle under the influence of alcohol, by stating that the reporter “the Defendant had driven a drinking,” and that the reporter driven a motor vehicle under the influence of alcohol, such as the Defendant’s speech and behavior in an inaccurate manner, and the blood color of which is unfluened and the blood color is

As there are reasonable grounds to determine a person, C was demanded from June 1, 2018 to respond to the measurement of drinking alcohol by inserting the whole in four times from June 1, 2018 to June 16:03.

Nevertheless, the defendant refused to put the breathm in a drinking measuring instrument, and failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. 112 Notification to a department related to the report of the case;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the punishment is aggregated with the long-term punishment of two crimes above the punishment specified for a crime of violating the Road Traffic Act with heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend Courses.

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