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(영문) 서울중앙지방법원 2017.07.19 2017고단3736
도로교통법위반(음주측정거부)등
Text

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

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 May 3, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as being under the influence of alcohol due to the reduction of alcohol in the C District D, etc., sent out after receiving a report of a drunk driving from around 100 meters from the front line of the 32-on-ro 238-ro, Seocho-gu, Seoul, Seocho-gu, to the front line of the 32-on-ro, Seocho-gu, Seocho-gu, Seoul, for the purpose of 100 meters from the front line of the 32-on-ro, Seocho-gu

There are reasonable grounds for recognition, and the method of injecting the whole in a drinking measuring instrument three times from the same day until 01:37 of the same day is demanded, but the same did not comply with the request without justifiable grounds.

2. Around May 3, 2017, the Defendant was driving a B fishing code car without a driver’s license in a section of approximately 100 meters from the front side of the 32-on-ro in Seocho-gu Seoul, Seocho-gu, Seoul, to the front side of the 238-on-ro at the beginning of the same Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. A written statement of the driver's license at home and investigation report;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, and the choice of 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. Article 62-2 of the Criminal Act on community service or lecture attendance order;

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