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(영문) 의정부지방법원 고양지원 2018.09.28 2018고단1916
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On July 3, 2018, the Defendant driving a B-learning car without obtaining a driver’s license in the section of about four km from the 179 Do-do Do-do Do-do Do-si, Gwangju to the same Do-si Do-si Do-si Do-si Do-si Do-si Do-si, to the same Do-si Do-si Do-dong Do-si Do-dong Do-si Do-dong Do-si.

2. Violation of the Road Traffic Act (refluence of drinking), Defendant 1 driven the said motor vehicle under the influence of alcohol, such as drinking alcohol, drinking a little fluoring, red, and routing off a light-distance car from D while under the influence of alcohol, in front of the tunnel above and on the road at the time of the foregoing day after receiving a report of 112 that the occurrence of an accident of riding a motor vehicle at the front of the tunnel above and on the road.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not comply with the police officer’s drinking measurement without justifiable grounds, such as the Defendant’s refusal to take a drinking test on around 22:01 on the same day, around 2:15 on the same day, and around 2:25 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on the occurrence thereof;

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

1. Investigation report (report on the situation of the driver in charge) and on-site photographs;

1. A report on investigation and internal investigation;

1. The ledger using the measuring instruments for drinking;

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, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

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

1. One time the records of punishment for driving under the influence of drinking for the reason of sentencing Article 62-2 of the Criminal Act are imposed.

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