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(영문) 서울남부지방법원 2017.09.21 2017고단3480
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. On May 5, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), around 01:32, 201: (a) driven a motor vehicle in front of Guro-gu Seoul Metropolitan Government, while under the influence of alcohol, driving a motor vehicle with C-high speed, resulting in a traffic accident in which the part of the lower part of D-string-off of D-string straw in front of the mountain drive level, which was stopped to ensure the atmosphere of the signal at that point, and driving the motor vehicle while under the influence of alcohol, such as smelling alcohol to the Defendant from a slope of the Fleth of Seoul Metropolitan Police Station in front of the mountain drive level.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. Around 01:30 on May 5, 2017, the Defendant driven a vehicle without a driver’s license in the section of about 700 meters from the 700-meter road in front of the error-dong Seoul Guro-gu Seoul Metropolitan Government to the same accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes to the principal driver’s report, investigation report, and 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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In addition to three times of a fine with reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, traffic accidents are minor and have been agreed with the victims.

However, even though there has been previous convictions due to the two drinking driving and the rejection of drinking measurement twice, they have driven without a license and caused a traffic accident again.

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