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(영문) 대전지방법원 공주지원 2018.10.26 2018고단368
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 1, 2018, the Defendant: (a) driven a BSM3 car and driven it in front of a cafeteria or D’s restaurant at the official city; (b) while driving the vehicle at around 02:41 on August 1, 2018, the Defendant: (c) driven the vehicle by drinking, such as drinking alcohol from the Defendant’s entrance, smelling, face color, red, and entering a drinking reduction engine, with the report of 112 that “the person driving the vehicle is driving the vehicle at a time.”

To be subject to a measurement of alcohol due to reasonable grounds for determining the person, "The MaMaMa Ma Manae is Neman de de Ma."

We examine whether or not the absolute measurement has been conducted.

The term "do not comply with a request for a measurement of drinking," and non-compliance with a police officer's measurement, such as selling a drinking measuring instrument.

2. On August 1, 2018, the Defendant, at around 01:06, driven a MP3-car specified in paragraph (1) without obtaining a driver’s license in a section of about 10 meters from the vicinity of the public parking lot in front of the “H” restaurant located in G to the front of the “D” restaurant specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of control and report on the situation of the driver who takes charge of driving;

1. The driver's license ledger;

1. Application of CD-related Acts and subordinate statutes

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 Defendant, on the grounds of 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, committed a crime of refusing to measure drinking alcohol within a short period, even though the Defendant had twice the previous conviction of drinking alcohol.

At the time of the Defendant’s past crime, alcohol concentration was considerably high, and CCTV images were found at the time of the instant crime, the Defendant, even at the time of the instant crime, was in the state to the extent that the Defendant was unable to properly take away his body or speak normally.

The defendant is under the influence of alcohol in 2016.

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