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(영문) 의정부지방법원 고양지원 2013.10.25 2013고단1667

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on August 23, 2010, and was sentenced to a fine of four million won for the same crime in the same court on February 15, 2013.

【Criminal Facts】

1. Around 01:30 on July 6, 2013, the Defendant driving a C Cost Star vehicle without obtaining a driver’s license on a section of about 100 meters from the high-si Si, Yongsan-dong Port Lone Star to the fourth complex of the high-si, Yongsan-dong, U.S. P. and the fourth road of the same Gu.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to the drinking test by inserting the drinking measuring instrument three minutes from around 01:54 of the same day to around 02:24 of the same day, on the ground that there were reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as driving of the said Lone Star vehicle in front of the fourth complex of the above two villages, while driving the said Lone Star vehicle on the road at the same time by drinking.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the report on the state of drinking drivers, the ledger for measuring instruments for drinking, the results of the control of drinking driving, the report on the state of driving without a license, the ledger of driver's licenses, and the details of disposition for

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Discretionary mitigation of the amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances among the reasons for the punishment)