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(영문) 수원지방법원 안산지원 2019.05.15 2019고단618

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2019 Highest 618] Around 08:05 on January 24, 2019, the Defendant driven CK5 cars from the 3km section of approximately 3km to the 0.096% of the 0.096% of alcohol content in Ansan-si to the 779 of the former Grassland-dong.

[2019 Highest 887] On March 1, 2019, the Defendant got a commercial signboard set up on the street with the front part in driving CK5 cars at the time of Ansan-si's delivery around 23:55 on March 1, 2019, and there was a considerable reason to suspect that the Defendant was driving under drinking, such as the Defendant's entrance, a large amount of smells, and a lack of proper sniff of a police box belonging to the Ansan-gu Police Station, which was under the influence of alcohol control.

On March 2, 2019, the Defendant was required to take a drinking test from F for the period of 00:57 to 01:15 on March 2, 2019, but there was a warrant, whether or not they are subject to drinking, or a monet. They are not a drunk driving. Chos and the head of a police station of the YOO and the head of a member police station shall not be in charge of drinking, and the Defendant refused to take a drinking test without justifiable grounds.

Summary of Evidence

[2019 Highest 618]

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of the control of drinking driving, and output of the results of the measurement of drinking alcohol (2019 order87);

1. Defendant's legal statement;

1. The ledger of records on drinking meters;

1. The photograph list;

1. Application of Acts and subordinate statutes to report internal investigation and investigation (report on the circumstances of an immigration driver);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of sound driving), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is investigated as drinking-driving.