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(영문) 광주지방법원 순천지원 2019.02.14 2018고단2456
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around 22:04 on October 4, 2018, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) (e., refusal to take a drinking level) and parked the parts of the E-owned Fran vehicle after drinking at the front parking lot of the C-dong of the building B, which led to a shock of the rear part of the E-owned Fran vehicle.

The Defendant was required to respond to the measurement of alcohol by inserting alcohol over several occasions from 22:18 to 22:28 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant, while under the influence of alcohol, was driven by a police officer I belonging to the Steering Police Station, who continued to have been dispatched to the scene after receiving a report of 112 by E, and that the Defendant was driving under the influence of alcohol.

However, the defendant did not comply with the demand for the measurement of alcohol without justifiable reasons while speaking to E, the owner of the franchise vehicle, “I am while leaving the vehicle.”

2. On October 4, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act: (a) operated the said vehicle without a vehicle driver’s license at a section of about 100 meters from the front of KNJ in the summer-si trial to the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on internal investigation (with respect to refusal to measure, etc. of drinking alcohol)

1. Investigation report (report on the circumstances of an immigration driver);

1. The ledger of driver's licenses;

1. Mandatory insurance policies;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a penalty, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the defendant's criminal records, especially the defendant's criminal records for the reason of sentencing Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Code, are due to the same kind of criminal conduct.

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