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(영문) 청주지방법원 2018.07.26 2018고단307
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 16, 2018, the Defendant, without obtaining a driver’s license, driven a C-Scar car at a section of about 700 meters up to the parking lot located in the Dodong apartment located in the Eup located in the Do, Chungcheongnam-do, Chungcheongnam-do, an Eup located in the Do, Chungcheongnam-do, the Gun, from the parking lot located in the Dodong apartment.

2. On January 16, 2018, the Defendant driven a vehicle while drunkly under the influence of alcohol from E, a police officer belonging to the police station D police station, who was called up after receiving a report on 112 that “the driver of drinking alcohol in the event of an accident shall flee” at the parking lot located in the 147-ro, Eup, Myeon court, the Do court, the Do governor of the Chungcheongbuk-do, the Do governor of the Republic of Korea, “the driver of drinking alcohol in the accident, and the driver of drinking alcohol in the accident” at the parking lot of the registry office.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a written investigation into actual condition, arrest report on the occurrence of a crime, and an investigation report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Punishment of the relevant criminal facts under Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license) and 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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the Defendant was punished by drinking alcohol driving four times or more, as stated in its reasoning.

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