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(영문) 대전지방법원 홍성지원 2018.11.06 2018고단667
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 19, 2018, the Defendant driving a motor vehicle without a driver’s license in the section of approximately 500 meters from the front of the 174-gil, Hongsung-gun, Hongsung-gun, Hongsung-gun, to the road in front of the 174-gil, a road in the 174-gil, namely, Hongsung-gun, Hongsung-gun, Hongsung-gun, Seoul, without obtaining a driver’s license.

2. On August 19, 2018, the Defendant violated the Road Traffic Act (refluence of drinking), was placed on the street in front of a D cafeteria located in Chungcheongnam-gun, Chungcheongnam-nam budget C, and “on the side of the road, the vehicles involved in the accident are set up.”

The driver of the vehicle gets off to the road and go to the road.

The risk seems to be dangerous.

“A person who has been reported at the site of 112 reports shall be deemed to have been driving a motor vehicle under the influence of alcohol by the Defendant, such as a breath G of the F District Police Station affiliated with the F District of the budget police station, in which E, designated the Defendant as a driver of the motor vehicle and received the said reports, and breathed on the face of the Defendant, and a breathm.

Due to reasonable grounds, the G was required to respond to the alcohol testing by inserting the whole influence of drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, sex, environment, and the period of the instant crime.

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