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(영문) 광주지방법원 해남지원 2018.10.04 2018고단265
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On July 21, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the support of the Gwangju District Court in Gwangju District Court on July 21, 2008, and a summary order of KRW 3 million for the same crime in the same court on November 10, 201, respectively. On October 27, 201, the same court was sentenced to imprisonment for six months, suspension of execution for two years, and imprisonment for the same crime in the same court on October 25, 201, respectively.

[2] On July 15, 2018, the Defendant: (a) around 23:30 on the 3rd day of, and around 23:30, the southwest-gun, CFD car under the influence of alcohol, and was parked in the middle of the said three-distance vehicle; (b) on the police box of the Southern Police Station, the Defendant was driven under the influence of alcohol by red, etc., with a view to the flow of the vehicle, the Defendant was seated in the driver’s seat; (c) the Defendant was seated in the driver’s seat; and (d) the Defendant was bread under the influence of alcohol with a long-distance and long-distance face.

Since there is a reasonable reason to determine a person, it was demanded to respond to the measurement of drinking by inserting approximately 14 minutes in total three times in a manner of putting the whole in a drinking measuring instrument over 14 minutes.

In doing so, the Defendant “I am forced the Defendant to measure why the inside and outside of the inner arms are being forced;

The demand for on-site measurement is justified.

“A police officer did not comply with a police officer’s request for a measurement of drinking without justifiable grounds by refusing to measure drinking.”

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation and report of refusal to measure drinking, and notification of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Evidential photographs of each evidence;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment, and the application of statutes on each summary order;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the case where the Defendant was sentenced to punishment due to driving under influence of alcohol.

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