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(영문) 광주지방법원 2020.05.14 2019고단5633
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On September 19, 2019, the Defendant was sentenced to a suspended sentence of two years on September 27, 2019 by the Gwangju District Court for the crime of violation of the Road Traffic Act, and the judgment was finalized on September 27, 2019.

【Criminal Facts】

1. On December 9, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement) at around 23:30 on December 23:3, 2019, the Defendant was required to comply with the measurement of alcohol by inserting the alcohol measuring instrument into a b5 minutes of the alcohol measuring instrument while driving the D D typ typ vehicle while drinking the front road in Yong-Namnam-gun B.

Nevertheless, the Defendant refused to comply with a police officer’s request for measurement of drinking without any justifiable reason by avoiding the breath-man in a way that does not put the breath-man.

2. Around December 23:30, 2019, the Defendant driven a D vehicle without obtaining a driver’s license in a section of about 200 meters from the H road located in Young-gun G to the front road located in Young-gun, Young-gun, Jeonnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records: Application of a copy of judgment and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant committed each of the crimes in this case on the ground that he was sentenced to a suspended sentence of imprisonment due to a crime of drunk driving, as stated in the record of the crime in its holding, and that he committed each of the crimes in this case.

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